The Bombay High Court issued notice to an Udaipur based-newspaper, the Udaipur Times, in relation to its impermissible reporting on the ongoing trial of a case concerning Dawoodi Bohra community.
The bench observed that the newspaper article had editorial comments on the cross-examination, counsel appearing on behalf of defendants, and the presiding judge of the trial.
In the instant case, the bench, which issued the said notice, was hearing an interim application filed by the defendant regarding a “matter of very serious concern.” The defendant alleged that despite an explicit direction, the plaintiff gave access of the trial records to the Udaipur Times, knowing that the trial was incomplete.
The bench observed that the Udaipur Times got access to the sessions of cross-examination of the witnesses conducted before the presiding judge. The bench also noted that it had to examine whether the publication was verbatim reproduction of the transcript or not.
The bench pointed out if verbatim reproductions have been made, then it’s even more serious as the transcripts are not made available to anyone except the parties, their legal teams and the court.
The bench also clarified that neither the transcripts are uploaded online nor a copy is made available to the press.
The bench also stressed upon the conduct of plaintiff and stated that the party must explain how the newspaper company had access to the trial records despite unambiguous wordings of the order. The bench sought for an explanatory affidavit, along with worded apology from the plaintiff.
The bench also directed the Udaipur Times to make a representation before the bench either through an authorized authority or an advocate, and duly explain its conduct on a respective date.
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