Bombay HC order on sohrab trial media gag to be out today

Mumbai: The Bombay high court on Tuesday began dictating its order after hearing arguments on petitions challenging the special Central Bureau of Investigation court order banning the media from reporting the court proceedings of Sohrabuddin Sheikh encounter trial and is expected to pronounce it on Wednesday.

Advocates Abad Ponda, Abhinav Chandrachud, Varsha Bhogle and Shailendra Singh, on behalf of journalists from various media houses, argued before Justice Revati Mohite-Dere that as per provisions of the Criminal Procedure Code, criminal courts do not have inherent powers to ban the media from reporting any court proceedings.

They argued that in this case the trial judge has not made the trial in-camera and that general public and media persons are allowed to sit and witness the court proceedings but they cannot report it. The petitioner’s lawyers argued that this order was passed without application of mind, as there is no provision in the law that gives a trial court the power to gag the media.

A few lawyers representing some of the accused in the trial opposed the petition and argued that allowing media to report this case would not only prejudice the accused but it would also pose threat to the life of accused, their lawyers and even the public prosecutor of the case.