The second issue pertains to the modalities to be followed by the police in conducting media briefings where a criminal investigation for an alleged offence is in progress. The issue assumes significance, particularly, in the context of the manner in which media reportage takes place, particularly in crimes involving a degree of public interest. (Para 3)
The Amicus Curiae has prepared the following suggestions on the basis of which appropriate guidelines can be formulated for conducting media briefings:
1. Each district or town ought to have a Media Briefing Cell (MBC) for interactions with the media. Such interaction / Press Releases must be in writing and with the authorization of a senior police officer. Press Briefs must be prepared on each case, which will be the basis of any media briefings.
2. The briefing of the press can be done at any stage after an FIR has been registered, an arrest effected or a raid conducted. However, at the earliest stages, very little information must be parted with, as facts would need full and complete confirmation.
3.Notwithstanding anything else, the primary concern of the police ought to be the fair administration of justice without compromising on individual rights of privacy or of presumption of innocence.
4. Information ought not to be released which would portray the police as insensitive or vindictive or which would suggest the pre-judging of an issue
5. The location of the offence, especially in the context of harassment, domestic violence, stalking etc., ought to be avoided as it would compromise the victim.
6. In no circumstances may the identity of victims of sexual offences and juvenile cases be divulged by the police. The same may apply to the victims of continuing offences, i.e. abductions and kidnapping. The police would also be careful to share details of ongoing operations or investigative strategy that would alert the offenders or compromise witnesses confidential informants.
7. The Press Briefs will be maintained as permanent records of the media interactions of the police, with one copy at the Police Station in question, one at the MBC and one at the District Headquarters. All such briefs will be provided online as well.
8. Any breach of the above Guidelines must be strictly dealt with departmentally, so that any such misadventure may be deterred. (Para 16)
We direct that all the Directors General of Police shall, within a period of one month from the date of this order, communicate to the Union Ministry of Home Affairs their suggestions for the preparation of appropriate guidelines. Thereafter, the Union Ministry of Home Affairs shall proceed to prepare the guidelines after considering the views which have been received from the Directors General of Police and after consulting other stake holders including representative segments of the print and electronic media who may have suggestions on the issue. Organisations representing the print and electronic media should also be consulted. (Para 19)
SUPREME COURT OF INDIA
2023 STPL(Web) 290 SC
Peoples Union For Civil Liberties And Another Vs. State Of Maharashtra And Others
Criminal Appeal No 1255 of 1999 with Criminal Appeal No 1256 of 1999; Criminal Appeal No 1367 of 1999; Contempt Petition (Civil) No 47 of 2011 in Writ Petition (C) No 316 of 2008, TC (C) No 27 of 2011 and Writ Petition (Civil) No 316 of 2008-Decided on 13-09-2023
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