SC: Selective Leaks During Investigation To Media Affects Rights Of Accused And Victims

Background

• The Allahabad High Court had granted anticipatory bill to the in laws who were accused in a dowry harassment case of a deceased woman who died by suicide.

• An appeal was filed against the said order.

• As per the FIR, the deceased's father had allegedly spent Rs.1.50 crore on her daughter's wedding.

• Thereafter, her husband and in laws started misbehaving with her over dowry and she committed suicide because of the pressure to bring money.

• An alleged suicide note was also published by a newspaper a few days after her death.

Supreme Court's take

• A 3-judge bench of justices DY Chandrachud, Indu Malhotra and Indira Banerjee set aside the order of Allahabad High Court granting anticipatory bail to the accused in the said case.

• The court observed that, “Selective disclosures to the media affect the rights of the accused in some cases and the rights of victims' families in others. Selective divulging of information, including the disclosure of material which may eventually form a crucial part of the evidentiary record at the criminal trial, can be used to derail the administration of criminal justice.”

Supreme Court's take (SLIDE 4, Followed by text)

• The court said that whenever any information about a cognizable offence is brought to the attention of investigating officers, it is their duty to investigate such information but unfortunately the role is being compromised by selectively leaking information in the public.

• The court further observed that, "This is not fair to the accused because it pulls the rug below the presumption of innocence. It is not fair to the victims of crime, if they have survived the crime, and where they have not, to their families. Neither the victims nor their families have a platform to answer the publication of lurid details about their lives and circumstances,"

Supreme Court's take

• The court stated that since the accused is an influential person in Agra, the court's faith in directing a further investigation by the same authorities diminishes.

• The court while transferring the investigation to the CBI said that, "In the backdrop of what has been stated above and the serious deficiencies in the investigation. We are of the view that it is necessary to entrust a further investigation of the case to the CBI in exercise of the powers of this Court under Article 142 of the Constitution.”

What are your views on the impact of selective leaking of information to media in a criminal trial? Let us know in the comment section below.