SC to hear plea against media, police in Aarushi murder case

The Supreme Court today decided to entertain a petition seeking to fix the responsibility on police officials as well as the media, if they malign the reputation of the Talwars and the Duranis, who were arrested and harassed during the investigation and reporting of the sensational Aarushi-Hemraj murder case. Petitioner, Dr Surat Singh, an advocate, mentioned his petition for urgent hearing before a bench comprising Justices Altamas Kabir and Markandey Katju. The bench directed that the matter will be listed on August 18 before a bench headed by Chief Justice K G Balakrishnan for hearing. The apex court also directed, "Print and electronic media will observe caution while reporting the case in question and not to prejudice the reputation of anybody." The petitioner has sought directions from the court for the constitution of a Five Judges Criminal Justice System Reforms Committee to ensure the effective implementation of the Fundamental Rights listed in Part III of the Constitution of India, in letter and spirit. The Union Law Ministry, Union Home Ministry, CBI, State of UP, DGP, UP, IG, Meerut Range, Press Council of India, Aaj Tak, NDTV, CNN-IBN, The Times of India and The Hindustan Times have been made respondent in the petition. The petitioner has prayed to the court to issue directions to the magistrates and subordinate judiciary not to act mechanically while granting police or judicial remand of an accused. The petitioner has sought direction to the IG, Meerut Range, to pay exemplary compensation to Dr Rajesh Talwar, who was accused and arrested for the alleged murder of his 14-year-old daughter Aarushi, which took place on the intervening night of May 15 and 16. The petitioner has also sought directions to the heads of the police of all States and Union Territories not to leak any information to the media till the investigation is complete and they should also be debarred from holding press conferences and media briefings. The petitioner has prayed to refer the petition to a five-judge constitution bench for laying down strict guidelines for the police as well as the media so that social reputation of the citizens of the country is not destroyed and ruined as has been done in the case of the Talwars and Duranis. Dr Singh has also pleaded with the court to direct the police not to arrest anybody unless and until prima facie case is made out against the accused and to initiate appropriate legal action against the Noida Police as well as the CBI for keeping Dr Talwar in custody for 50 days on charges of his alleged involvement in the murder of his teenaged daughter, who was a student of class IX of DPS, Noida. The petitioner has made 12 prayers to the court. According to the petitioner, the media and police have indulged in character assasination of Aarushi, the Talwars and their friends-- the Duranis. The petition is, however, conspiciously silent on the murder of Hemraj and three domestic helps -- Rajkumar, Krishna and Vijay Mandal-- who have also been arrested and are in jail without any prima facie evidence against them. Dr Rajesh Talwar has already been released on bail in the case. By Ms.Bobby Aanand, Metropolitan Jury.

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