Film producer Mr. Nilesh Navalakha has filed a complaint at the News Broadcasting Standards Authority (NBSA) against leading news channels AajTak, Republic TV, India TV, and others, seeking a direction for cancellation of their licenses for conducting parallel media trial in the actor Sushant Singh’s death case by brazenly violating the journalistic norms.

The petition has listed each show where the channels conducted a parallel media trial.

NBSA is hearing the complaint after the Bombay High Court ordered it to take parallel cognizance in the matter.

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The complaint avers that these news channels have sensationalized and scandalized the death of late Sushant Singh Rajput and have conducted media trial, insinuating allegations against accused, investigating agencies, and the state government without an iota of truth or evidence.

The complaint says that this parallel media trial by news channels hampers the criminal investigation process and also that it affects the general public and makes them convinced of the guilt of the accused.

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People may find an accused to be guilty on the basis of statements and assumptions in a media trial but a judge on a meticulous examination of evidence, may find that evidence is not of the standard on which accused can be convicted and can acquit the accused.

The Press Council of India(PCI), by a Media Advisory on 28 August 2020, had passed terse strictures on these news channels for conducting media trials and had advised them to adhere to the journalistic norms and to respect the privacy rights of the victim, witnesses, suspects, and accused persons.

PCI while reprimanding these channels had said that the media is advised not to “conduct its own parallel trial or foretell the decision to avoid pressure during investigation and trial”

The complainant cites the 200th Report of the Law Commission of India, which specifically categorizes ten heads of media publications that are prejudicial to a suspect or accused.

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These heads are- publications concerning the character of accused or previous conclusions, the publication of confessions, publications which comment or reflect upon the merits of the case, photographs, police activities, imputation of innocence, creating an atmosphere or of prejudice, criticism of witnesses, the premature publication of evidence, the publication of interviews with witnesses.

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The complaint says that these news channels have published all the prejudicial materials relating to the case.

Adv Shashwat Anand and Adv Rajesh Inamdar, the counsels for the complainant, say, “The accused was called manipulator, murderer, and that she used the deceased for money. The channels ran campaigns like #arrestRhea or #RheaLobby. Prime witnesses of the case were interviewed and cross-examined on the show. Some witnesses chased and were forced to reveal information and statements given to the investigating agency.”

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“The channels have even shared private WhatsApp chat conversations and CDRs showing the mobile number of the accused, bank records, etc. on their shows,” the petition says.

(The writer is an intern. He is a final year law student at the University of Allahabad. He tweets at @Gargayan )