We are completely immune, says SC; flags half-baked running commentary on pending cases
New Delhi (PTI): Observing that half-baked truth and ill-informed running commentary on sub-judice cases affect public perception, the Supreme Court on Friday asserted that it is "completely immune" from reporting of cases for the sake of publicity or narrative building.
The observations were made by a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi during the hearing of a case concerning the repatriation of certain individuals deported to Bangladesh, when Solicitor General Tushar Mehta took strong exception to a news article published in an English daily on the issue.
"There is a concurrent and simultaneous narrative-building exercise going on. I am sure it does not affect your lordships. There are certain tabloids which are normally known and used for narrative building exercises. Unfortunately, today, to my amazement and shock, I read a front page story in a reputable and dependable newspaper like..., it must have escaped the editorial attention," the law officer said.
During the proceedings, the court was informed that Sunali Khatun, a pregnant woman, and her eight-year old son have come back to India and currently, she is getting medical attention at her father's residence in Birbhum in West Bengal.
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The bench fixed January 6 to hear the Centre's appeal against a Calcutta High Court judgement that directed the repatriation of certain individuals deported to Bangladesh on the alleged ground that the due process was not followed.
During the proceedings, the solicitor general Tushar Mehta, appearing for the Centre, raised the issue of the news report.
Terming the reportage as "tabloid-like", the top law officer said, "I do not want to escalate ... but attempts are made to build a particular kind of narrative" in a bid to influence the outcome.
The law officer said he was sure that the bench is not influenced by any such reports, but it does cast doubt about the intention to build a particular kind of narrative.
"My faith was shaken," Mehta said.
"We are completely immune from publicity and pseudo-publicity stunts. Narratives should not affect the lives of individuals," Justice Bagchi said, adding that the judges hardly get time to see newspapers.
Referring to the names of leading English newspapers, the top law officers said they cannot be reduced to "the level of these tabloids, where you plant stories. It is for the newspaper to decide".
Advising the law officer to "just ignore them", the CJI, however, said, "Ideally, ill-informed running commentary on sub-judice matters should not be made."
"The problem is half-baked distorted facts and ill-informed facts are being reported," he said.
"Reporting that a matter is coming up (for hearing) is fine. But if you thrust your opinion, then that is an issue. The issue is with half-baked truth and ill-informed opinion which affects public perception," the CJI added.
The CJI assured the law officer saying, "we do not accept pleadings which are outside."
"Once the judgment is passed, any constructive criticism is always most welcome," the CJI added.
Senior advocate Kapil Sibal, appearing for the West Bengal government, referred to the media's role in recent times in countries like the UK and the US, and said immigration issues are part of a "global discourse" and comments and public discourses are held on social media and other platforms.
"People write opinions in the US and England on immigration. As long as you don't attribute motive, it is not sacrilege," Sibal said.
At the outset, senior advocate Sanjay Hegde brought to the court's attention the plight of another deportee, Sweety Bibi, who remains stuck with her husband and two children.
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Hegde offered to provide documents proving their Indian citizenship. He urged the solicitor general to take up the other case on humanitarian grounds, saying, "that side of the border is very difficult for Indians."
The law officer assured Hegde that he will look into the issue and the verification may take sometime.
The court said once documents are verified, modalities for their return could be considered in a time-bound manner.
The case involves families who had been working as daily wagers in Delhi's Rohini area for two decades.
They were detained by police on June 18 on suspicion of being illegal Bangladeshi immigrants and deported on June 27.
The Calcutta High Court, in its impugned order, had observed that the deportation violated the Union Home Ministry’s own protocols, which require an inquiry by the state government before deportation.
The high court had noted that the "overenthusiasm" in deporting the detainees disturbed the "judicial climate".
Sibal reiterated this point during the hearing and said, "The Union does no inquiry for 30 days before deporting them."
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Nightclub fire: Thai authorities initiating process to send back Luthra brothers to India
Panaji/ New Delhi (PTI): Authorities in Thailand are initiating the process to deport Gaurav Luthra and Saurabh Luthra, co-owners of the nightclub in Goa where 25 people were killed in a fire on December 6, government sources said on Friday.
As the state police are probing the tragedy, a local resident who claims to be the original owner of the land where `Birch by Romeo Lane' nightclub stood claimed that the zoning of the saltpan land was "quietly" changed for the club's benefit.
AAP leader Arvind Kejriwal, meanwhile, lashed out at the BJP government over "corruption" in the coastal state, and said Chief Minister Pramod Sawant should apologise to the people over the fire incident.
The Indian embassy in Bangkok is in close touch with the Thai authorities to expedite the deportation of the Luthras, official sources in Delhi said.
The brothers have been detained by Thai authorities in Phuket following an intervention by the embassy, they said.
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"The Thai authorities are presently taking action as per local laws, including for sending the two individuals back to India," said one of the sources.
The Luthras left for Phuket shortly after the fire incident.
A Delhi court on Wednesday refused to give any interim protection from arrest to the duo, while their partner was held.
Five managers and staff members have already been arrested by Goa Police in connection with the fire that broke out at the nightclub located in Arpora, 25 km from Panaji, around midnight on December 6.
Police have recorded the statements of at least 50 persons in the case so far, said an official.
Pradeep Ghadi Amonkar, who claims to be the original owner of the land where the club stood, alleged that a portion of his property was converted from saltpan to settlement zone without his knowledge.
He had signed a sale agreement with Surinder Kumar Khosla in 2004, but it was withdrawn within six months as he allegedly did not receive the payment. Kholsa set up a nightclub on the land, and it was later taken over by Saurabh and Gaurav Luthra, Amonkar had alleged earlier.
While the case filed by him has been pending in the court for 21 years, on Thursday he discovered that "the government quietly changed the zoning of my land without informing me,” Amonkar said.
No notice was served to him concerning the zone change, he claimed, asking how salt pan can be converted into a settlement zone.
A senior Goa Town and Country Planning official said as an inquiry into this matter is underway, it would not be appropriate for them to comment.
Speaking at a public meeting in Goa, Kejriwal, campaigning for local body elections, said, "This is perhaps the most corrupt government, and the least the chief minister could do is to apologise to the people of Goa for Arpora incident and ensure safety in all the establishments."
The nightclub did not have several requisite permissions, still it could operate because it paid "hafta" or regular bribes to government officials, he alleged.
Meanwhile, the state BJP has sought clarification from two of its leaders for alleging corruption against the backdrop of the fire tragedy.
MLA Michael Lobo and former tourism minister Dilip Parulekar had alleged large-scale corruption in the beach belt, claiming that it had resulted in illegalities in the tourism sector.
“I have heard the statement by both the leaders. I have sought clarification from them for making such statements,” BJP Goa president Damodar Naik told reporters in Panaji on Friday.
