The Bombay High Court issued a notice to the Mumbai-based tabloid Mid-Day for violating Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The Mid-Day in their Article had published the name and photos of the minor against whom this Court had quashed the FIR registered for hitting the lady while riding a bicycle.
Brief Facts:
This Court had quashed the FIR against the 9-year-old boy who accidentally hit the lady while riding his bicycle. The Court expressed their anguish on the registration of the FIR despite the exception provided under Section 83 of IPC. The APP for the state told the Court that the departmental enquiry was initiated against the Assistant Commissioner of Police who registered the FIR. Therefore, they directed the learned APP to place the report of the said inquiry/action taken. The said report stated that the costs, as directed by this Court vide order dated 20th October 2022, will be paid to the petitioner within one week from today.
It was further informed to this Court that a departmental inquiry against the concerned officer has already been initiated, after which the costs will be recovered from the concerned officer responsible for the said lapses. He stated that the inquiry would be over within three weeks, and the matter was kept for 20.12.22.
Contentions of the Respondent:
The Learned Counsel for the Respondent on 20.12.22 had brought to the notice of the Court that an article published by Mid-Day, pursuant to order dated 20th October, 2022 had published the names and photos of the parties. He submitted that the publication of the names as well as photos of the minor by Mid-Day is clearly in contravention of Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015. This section prohibits publishing the name of any child who is in conflict with the law.
Observation of the Court
This Court on 20.12.22, deemed it appropriate to issue a notice regarding the fact that Mid-Day had published the name and the photographs of the child. This action by the Mid-Day was found in contravention of Section 74 of the Juvenile Justice (Care & Protection of Children) Act, 2015. The notices were issued to the scribe of the said article – Shirish Vaktania, the Publisher and Editor of Mid-Day, asking why suo-motu action should not be initiated against them. The notices were made returnable on 01.02.2023.
The decision of the Court:
The Bombay High Court issued notice to the Mid-Day’s Scribe, Publisher and Editor for publishing the name as well as photos of the minor in their article.
Case Title: ABC v. State of Maharashtra and Anr.
Coram: Hon’ble Justice Revati Mohite Dere & Prithviraj K. Chavan
Case no.: CRIMINAL WRIT PETITION NO. 3062 OF 2022
Advocate for the Petitioner: Mr. Shravan Giri
Advocate for the Respondents: Mr. J.P.Yagnik and Mr. Viresh Purwant
Read Judgment @LatestLaws.com
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