November 30,2018:
On Thursday, Senior Advocate Fali S Nariman submitted before Supreme Court Bench that,"Media could not be gagged from reporting petitions, howsoever sensitive these might be, but they could be asked to postpone publishing the contents of sensitive petitions till the judges perused them and passed orders in open court".
Apex Court Bench comprising of CJI Ranjan Gogoi, Justice S K Kaul and Justice K M Joseph had on November 16 abruptly adjourned hearing in CBI v. CBI case due to leak of Verma's response to CVC report as well as a CBI DIG's application detailing unverified charges against special director Rakesh Asthana.
Senior Advocate Fali Nariman further added that,"Court cannot prohibit media from publishing what is said in court. It is an important right of the media and guaranteed under Article 19(1)(a). But what is filed, the court can ask media to postpone publishing of its contents till the judges peruse and comment on it in open court."
Senior Advocate Rajeev Dhavan stated that he did not agree with Nariman.
CJI Gogoi stated that Court was not passing any order on this issue and hence arguments need not be made.
Senior Advocate Dhavan drew Bench's attention to the November 16 hearing, which the CJI-led bench had adjourned with an anguished remark, "None of you deserve a hearing."
He submitted that it was unfortunate on the court's part to have said "none of you deserve a hearing".
To this, CJI Ranjan Gogoi stated that, "It was unfortunate, but you (Dhavan) will be heard today unless you don't want to be." Senior Advocate Dhavan replied, "Of course, I want to be heard, otherwise why am I here".
Source TOI
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