"Incident Has Attained A Status Of Global Importance": Calcutta HC On Dr. Sandip Ghosh's Plea Against “Media Trial” Of RG Kar Medical College Rape & Murder Case
The Calcutta High Court, while disposing the petition filed by the erstwhile Principal of RG Kar Medical College Dr Sandip Ghosh to restrain media houses from “media trial”, observed that the incident has attained a status of global importance.
The Court said that, at this stage, any restriction either on the media or the intermediaries, apart from an expectation and trust that they will discharge their function with responsibility, is not necessary
The bench of Justice Shampa Sarkar observed, “…an indiscriminate order of restraint on the media or the intermediaries at this stage, on the pleadings before this Court, is uncalled for.”
Advocate Biswaroop Bhattacharya appeared for the Appellant and Advocate Rajdeep Mazumdar appeared for the Respondent.
Brief Facts-
It is the case of the Petitioner Dr Sandip Ghosh that media outlets have been publishing false and malicious stories regarding his involvement in the August 9, 2024 incident at R.G. Kar Hospital. He along with his wife alleged that these reports have caused public outrage which resulted in (gherao) or mob surrounding their premises. They also said that it has harmed the ongoing CBI investigation, damaged their reputation, violated their privacy, and caused mental distress to their family. The Petitioners argued that the media has a duty to report the truth and not engage in fact-finding, as the unverified reports have led to character assassination and that may prejudice legal proceedings.
With regard to the allegations against the respondent nos.5 to 8 and 10, the Court said that the adequate remedy has been provided under the Press Council Act, 1978 and the petitioners are always at liberty to approach the Council with their grievance.
“The writ petition should not be entertained in the absence of any specific pleading as to how any of the social media platforms or the print and electronic media had conducted a media trial.”, the Court remarked.
The Court observed, “The media is often termed as the fourth pillar of democracy. The media discharges an onerous duty by keeping the people knowledgeable and informed. The media ensures that the individuals (members of civil society) participate in a matter of national importance. In this case, the incident has attained a status of global importance.”
Accordingly, the Court disposed of the Writ Petition.
