Need help reg. "press and media"
Prabhas Saxena
(Querist) 16 January 2014
This query is : Resolved
Respected Seniors,
i have a client who is alleged of a crime, and the matter is pending before bfore the sessions court and he's in Judicial custody, hence the matter is clearly "Sub-Judice".
A local newspaper's editor came to me, being his advocate, but his discussions seemed to be a part of blackmail for yellow journalism, hence i avoided his.
After few days i found that newspaper doing extensive negative coverage of my client, and that too on literally, insane and foolish grounds, saying that 'sources' told him!
I researched the matter in Aiyer's book of contempt of court, and found tons of citations pointing that when a matter is sub judice, section 3 of contempt of court act, 1971 bar's any publication,etc on that matter if it can directly influence & prejudice the vision of the court. The only defense is of 'truth' & 'fair or innocent publication', which is not the case here.
also its a matter of defamation.
I have made a draft for private complaint to the magistrate, but i want help at few points:-
1. Does sessions court of one district, have jurisdiction over the contempt of court of another district?
2. As the act is accompanied with malafide intention, hence a criminal contempt(not civil), i would have to file the case in the respective court under which the residence of the complainant falls, or else..
3.Also help me if any strong citation is present there, when media(or advertisements) got charged with sections 415-420(Of cheating) IPC for publishing/broadcasting unauthentic & unverified wrong informations to its viewers.
Note: prosecution's case is VERY WEAK, negligible evidences.
please give suggestions on unasked & unknown points also.
Thanking all helpful seniors in advance, for assistance in the first case of my life :)
Devajyoti Barman
(Expert) 17 January 2014
Repeated query which is already advised.
Raj Kumar Makkad
(Expert) 17 January 2014
No reply against the repeated query from my side,
Prabhas Saxena
(Querist) 17 January 2014
@devajyoti barman, Sir my earlier query was regarding "Contempt of court act" only, on which i got assisted by u along with few more respected seniors that "defamation" suit would b better (which is already there, but client wants something stronger).
Hence, i pondered over it further and got idea of trying to imply chapter:- "Of cheating" from Ipc, and immediately came b/w my respected seniors again.
Secondly, u may see in my last query that i got no answers for ques. regarding "Contempt of court", which raised a doubt in my mind that i posted my query in wrong category i.e, "Others", hence i modified and merged both my quarries (fresh & semi-asked)and posted it in more relevant category- "Criminal".
I would urge both of my respected seniors to once again take a view of my other query, & if still u found me guilty of wasting ur time, im extremely sorry towards it.
Thanking you again :)
Adv.Aiyer VLV
(Expert) 17 January 2014
CaseIf you have proof of his visit and talk, try criminal defamation and civil suit for damages. Truth as defence may not be extended to all and sundry. Whether media had rights to publish whatever they get and whether they choose not to publish many truth over this matter can be considered.
Contempt of Court can be filed in High Court
Ipc 415-420 will not apply to this, where is the inducing to deliver property or make someone to do or not to do etc.
Case status doesn't matter
Adv.Aiyer VLV
(Expert) 17 January 2014
CaseIf you have proof of his visit and talk, try criminal defamation and civil suit for damages. Truth as defence may not be extended to all and sundry. Whether media had rights to publish whatever they get and whether they choose not to publish many truth over this matter can be considered.
Contempt of Court can be filed in High Court
Ipc 415-420 will not apply to this, where is the inducing to deliver property or make someone to do or not to do etc.
Case status doesn't matter
ajay sethi
(Expert) 17 January 2014
repeated query .
R.K Nanda
(Expert) 17 January 2014
REPEATED QUERY.
