Media personnel surround actor Rhea Chakraborty as she arrives at Narcotics Control Bureau (NCB) office for questioning, following the death of her boyfriend and actor Sushant Singh Rajput, in Mumbai. (Express Photo)

Hearing a bunch of petitions in connection with the death of actor Sushant Singh Rajput, including one seeking restraining orders against “media trial”, the Bombay High Court Thursday expressed that it was surprised to know that the government had no control over the electronic media.

A division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni directed the Centre to indicate the extent of state control that is exercised in respect of telecasting news that may have “serious ramifications”.

The bench made the Enforcement Directorate (ED) and Narcotics Control Bureau (NCB), the central agencies that are carrying out investigations related to the case, as parties to the Public Interest Litigations (PILs). The petitions include one filed by eight former senior police officers of Maharashtra seeking restraining orders against the “media trial” in the case. It was filed through senior advocate Milind Sathe and advocate Chetan Kapadia.

The court was told that the news relating to the investigation was being leaked to the media by the investigating agencies, as a result of which the news channels were conducting a vociferous campaign and vilification of Mumbai Police.

The other PIL that the court was hearing was filed by activists Nilesh Navlakha, Mahibub D Shaikh and Subhash Chander Chaba through senior counsel Devadatt Kamat along with advocates Rajesh Inamdar and Shashwat Anand. It stated that the nature of reporting by TV channels was of “sensationalism” and was adversely impacting the ongoing CBI probe into the case.

The court also sought to know from the Central government as to why there was no state regulation on the electronic media.

The Union Information and Broadcasting Ministry submitted that the question of “media trial” in the case was referred to News Broadcasters Association (NBA) for probe and that the government also has an inter-ministerial committee to review decisions of NBA after the complaint is dealt by the association itself.

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Appearing for ex-Maharashtra cops, senior Counsel Sathe argued that despite the court’s order that appealed restraint by the news channels, some media outlets were becoming more vociferous and conducting ‘vilification’ campaigns against Mumbai Police and produced transcripts of certain TV news items before the Court in support of his claims. He said that the Supreme Court had not passed any adverse comments against the Mumbai Police probe and the HC should take cognisance and make the channels respond to the plea.

To this, the CJ Datta said, “The Supreme Court about Mumbai Police order will prevail. What is so objectionable here? Why should you consider what the news anchor is saying and how can we stop that?” The court also said that the NBA should decide on it first since it was looking into the complaints against such coverage.

Senior advocate Devadatt Kamat concurred with Sathe’s submissions and added that parallel trials by the media had not slowed down as information of investigation was being leaked by the investigation agencies. While agreeing to the CBI’s submissions that they were not leaking any information to the media, Kamat said ED and NCB be made parties to ascertain whether the information was being leaked through them and also respond to the plea.

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After advocate Asim Sarode filed a separate PIL seeking directions to authorities to put regulatory mechanism on the functioning of media, CJ Datta said, “We are surprised to find there is no state control over electronic media. This body (News Broadcasting Standards Authority) has no teeth at all is our prima facie view.”

The bench further said, “Pendency of these petitions shall not preclude the News Broadcasting Standards Authority to consider complaints that have been received by it and to take appropriate action thereon in accordance with law. The resultant decision of the NBSA may be incorporated in the affidavit to be filed.”

It added, “We hope and trust that the spirit of the order dated September 3 to exercise restraint in media reporting on the investigation in Sushant Singh Rajput death case so that the probe is not hampered may be carried out by the media organisations.

Seeking affidavits in reply from the respondents by September 30 and rejoinders by petitioners by October 6, the court posted further hearing on PILs to October 8.

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