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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MP HC sets up judicial commission to probe water contamination in Indore
Indore (PTI): The Indore bench of Madhya Pradesh High Court on Tuesday set up a commission of inquiry comprising a former HC judge to probe the issue of water contamination in city's Bhagirathpura, saying the matter requires probe by an independent, credible authority and "urgent judicial scrutiny".
It also directed the commission to submit an interim report after four weeks from the date of commencement of proceedings.
A division bench of Justices Vijay Kumar Shukla and Alok Awasthi constituted the commission while hearing several public interest litigations (PILs) filed simultaneously regarding the deaths of several people in Bhagirathpura due to the consumption of contaminated water.
The HC reserved the order after hearing all the parties during the day, and released it late at night.
The state government on Tuesday told the HC that the deaths of 16 people in Indore's Bhagirathpura area was possibly linked to a month-long outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The government presented an audit report of 23 deaths from the current gastroenteritis epidemic in Bhagirathpura before the bench, suggesting that 16 of these fatalities may have been linked to the outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The report, prepared by a committee of five experts from the city's Government Mahatma Gandhi Memorial Medical College, stated that the deaths of four people in Bhagirathpura were unrelated to the outbreak, while no conclusion could be reached regarding the cause of death of three other people in the area.
During the hearing, the high court sought to know from the state government the scientific basis behind its report.
The division bench also expressed surprise at the state government's use of the term "verbal autopsy" in relation to the report, sarcastically stating that it had heard the term for the first time.
The HC expressed concern over the Bhagirathpura case, stating that the situation was "alarming," and noted that cases of people falling ill due to contaminated drinking water have also been reported in Mhow, near Indore.
In its order, the HC said the serious issue concerning contamination of the drinking water supply in Bhagirathpura area allegedly resulted in widespread health hazards to residents, including children and elderly persons.
According to the petitioners and media reports, death toll is about 30 till today, but the report depicts only 16 without any basis or record, it said.
It is averred that sewage mixing, leakage in the pipeline, and failure of civic authorities to maintain potable water standards have led to the outbreak of water-borne diseases. Photographs, medical reports, and complaints submitted to the authorities prima facie indicate a matter requiring urgent judicial scrutiny, the HC said.
"Considering the gravity of the allegation and affecting the right to life under Article 21 of the Constitution of India and the need for an independent fact-finding exercise, the Court is of the opinion that the matter requires investigation by an independent, credible authority," it said.
"Accordingly, we appoint Justice Sushil Kumar Gupta, former judge of the Madhya Pradesh High Court, a one-man commission of inquiry into the issues relating to water contamination in Bhagirathpura, Indore, and its impact on other areas of the city," the HC added.
As per the order, the commission shall inquire into and submit a report on the cause of contamination -- whether the drinking water supplied to Bhagirathpura was contaminated; and the source and nature of contamination (sewage ingress, industrial discharge, pipeline damage etc).
The panel will also probe the number of actual deaths of affected residents on account of contaminated water; find out the nature of disease reported and adequacy of medical response and preventive measures; suggest immediate steps required to ensure safe drinking water as well as long-term infrastructural and monitoring reforms.
It will also identify and fix responsibility upon the officers and officials found prima facie responsible for the Bhagirathpura water contamination incident, and suggest guidelines for compensation to affected residents, particularly vulnerable sections.
The commission shall have powers of a civil court for the purpose of summoning officials and witnesses; calling up records from the government department, hospitals, laboratories and civic bodies; ordering water quality testing through accredited laboratories; conducting spot inspections.
All state authorities involving district administration, Indore Municipal Corporation, public health engineering department and Madhya Pradesh Pollution Control Board shall extend full co-operation and provide records as sought by the commission, it said.
The state government shall provide office space, staff, and logistical support to the commission, it said.
During the hearing in the day, the state government also presented a status report to the court in this matter.
According to reports, a total of 454 patients were admitted to local hospitals during the vomiting and diarrhea outbreak, of whom 441 have been discharged after treatment, and 11 are currently hospitalised.
According to officials, due to a leak in the municipal drinking water pipeline in Bhagirathpura, sewage from a toilet was also mixed in the water.
