(Jagdish Singh Khehar, C.J. and D.Y. Chandrachud and Sanjay Kishan Kaul, JJ.)
People’s Union for Civil Liberties and Anr. ____________ Appellant(s)
v.
State of Maharashtra & Ors. ______________________ Respondent(s)
Criminal Appeal No(s). 1255/1999, decided on March 29, 2017
With
Criminal Appeal Nos. 1256 & 1367 of 1999 and Writ Petition (C) No. 316/2008, T.C.(C) No. 27/2011, Contempt Petition (C) No. 47/2011 in Writ Petition (C) No. 316/2008
The Order of the court was delivered by
Order
1. Having taken into consideration the submissions advanced during the course of hearing, wherein our attention was drawn to various sources wherefrom inputs had been obtained, including the Media Relations Hand Book, of the Los Angeles Police Department; the New York Police Department, Press Relations Notice; the Communication Advisory, of the Association of Chief Police Officers, U.K.; the Media Relations Standard Operating Procedures, of London’s Metropolitan Police, UK; the CBI Manual, especially Chapter 24 thereof; and Memorandum of the Government of India, dated 1.4.2010.
2. We have also perused the suggestions made by the Amicus Curiae, Mr. Gopal Sankaranarayan, based on the information and responses to the questionnaire prepared by him.
3. We are of the view, that the Office Memorandum of the Government of India, dated 01.04.2010, requires to be appropriately updated. We therefore hereby direct, the Government of India, to prepare a fresh Memorandum of Police Guidelines, on ‘media briefings’, which would take into consideration the rights of the accused, so as to ensure, that their defence is not prejudiced in any manner, during the course of trial. Likewise, to ensure that the sensitive rights of victims of crime, are not unfairly compromised.
4. Mr. K. Radhakrishnan, learned Senior Counsel appearing for the Union of India, seeks six weeks’ time, to enable him to finalize the Memorandum of Police Guidelines on ‘media briefings’.
5. Prayer is allowed. Post for hearing after six weeks. Fresh guidelines be placed on record in the meantime.
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