'Reporting contents of chargesheet before cognizance unfair, unjustified'

New Delhi: Noting that "there is a world of difference between an accused and a convict", a Delhi court on Tuesday said that media reporting of exact contents of the chargesheet before cognizance is taken or counsels are provided a copy of the same is "grossly unfair and unjustified" and that it is the fundamental right of the accused to defend himself.

Additional Sessions Judge Amitabh Rawat made these observations in response to grievances raised by several accused persons in the case of "larger conspiracy" behind the Delhi riots with regard to the "media trial" being carried out against them. Advocate Adit Pujari, on behalf of Pinjra Tod activists Devangana Kalita and Natasha Narwal, told the court that the third supplementary chargesheet filed by police last week before the court has been leaked to various news outlets.

In his order, ASJ Rawat noted that: "...there should, at least, always be a disclaimer when reporting, whether it is the version of the police/prosecution or the accused instead of presenting as if it is the order of the court". The court went on to add that, "Labelling the police as completely unfair or accused as a convict itself, is not a healthy sign and which impacts the process of the criminal justice system. The principle and the tenets of free and fair trial, are sacrosanct and inviolable".

Further, with regard to the leakage of chargesheet even before its cognizance is taken or before it is provided to the accused or their counsels, the court stated that "it is one thing to report generally about the chargesheet but quite another to reproduce it as it is and thus, obviously, the question of leakage would arise".

During the hearing, JNU student and UAPA accused Umar Khalid told the court that reporting done in the media "paints the accused as guilty even before the trial". "If it (leakage of chargesheet) continues like this, for an accused it's very difficult when such adverse reporting is being done in the press which paints the accused as guilty even before the trial...the constitution allows us a fair and free trial...it is happening again and again where our right to a fair trial is curbed by this kind of reporting".

United Against Hate founder Khalid Saifi too, told the court that allegations are being made against him saying that he was a terrorist because of his name.

Advocate Adit Pujari argued before court that because of such leakages by the police, the accused persons have to undergo a media trial.

Refuting the allegations, Special Public Prosecutor Amit Prasad said that police is not responsible for the leakage of documents and that the accused were trying to build a narrative to prove their innocence.