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‘Freedom of speech not right to defame’: Court curbs on reporting Praful Patel case
The court also told media houses to withdraw within 24 hours all the information published or telecast based on any such unsubstantiated and uncorroborated information.
Delhi’s Patiala House court on Wednesday restrained media houses from publishing or telecasting any ‘unsubstantiated’ and ‘uncorroborated’ news reports pertaining to a purported land deal involving Nationalist Congress Party (NCP) leader Praful Patel and Hazra Iqbal Memon, the wife of Darwood Ibrahim-aide Iqbal Mirchi, till investigation agencies complete their probe and file a charge sheet in the court.
Observing that there has been publication of imputations, and unsubstantiated and uncorroborated information that has affected Patel’s reputation, additional district judge Twinkle Wadhwa ordered, “By way of temporary injunction order, media houses, print or electronic or through Internet and their associates, are hereby restrained from publishing, republishing, repeating or telecasting or re-telecasting any programs, interviews, opinions, reports or debates pertaining to the present land deal which are not based on any substantiated and corroborated information, till the time investigation agencies complete their investigation and file appropriate report before the concerned court, if any, or till further orders, whichever is earlier”.
The judge said in the order: “Freedom of free speech does not give anyone a right to defame any person. Everyone has a right to live with dignity and respect.”
The court also told media houses to withdraw within 24 hours all the information published or telecast based on any such unsubstantiated and uncorroborated information.
It, however, clarified that the media was free to report the confirmation deed of the land deal, or “any court proceedings or substantiated fact-based information or about final report (charge sheet) of the agency as and when filed, if any”.
The judge observed that there was no official statement or documentary evidence provided by the Enforcement Directorate (ED) so far suggesting Patel’s link with Dawood Ibrahim, as was being inferred in some news reports. ED is conducting a money laundering investigation related to the assets of the late Iqbal Mirchi, and questioned Patel over a land deal in Mumbai involving the former Union minister and Mirchi’s wife.
Asserting that Patel was summoned as a witness by ED, the judge noted: “The imputations made by media that ED or any other investigating authority has alleged or claimed links of plaintiff [Patel] with Dawood, has not been substantiated or corroborated despite specific clarifications sought by this court.”
Appearing for Patel, advocate Vijay Aggarwal argued that media houses were publishing imputations and inferences in the name of ED/CBI {Central Bureau of Investigation} that the investigating agencies have found links between Praful Patel and underworld don Dawood Ibrahim. He added that “the deed of confirmation, made at Mumbai dated February 21, 2007 between Patel’s Millenium Developers Pvt Ltd and Hazra Iqbal Memon who is wife of Iqbal Mirchi, is the document on the basis of which inflated claims are being made in the media”.
Several media house argued before the court that the reportage was based on facts shared by ED, and that media should not be ‘gagged’.
