NEW DELHI, Mar 22: Noting that only courts can pronounce verdicts of guilt, the Broadcast Content Complaints Council (BCCC) has restrained television channel Sony from airing episodes of its show ‘Crime Patrol-Dastak’ that were based on re-enactment of the Delhi gangrape incident.
The BCCC, which was looking into the matter after the Nagpur bench of Bombay High Court referred to it a plaint by an organisation named Bharatiya Stree Shakti, against the channel’s decision to air the episodes on January 11 and 12.
The case was first of its kind where a court referred a matter related to broadcasting content to the BCCC which is a self regulatory body, sources said. Before delivering the order BCCC chairperson A P Shah and others from the council watched the two episodes and also heard all sides.
“The show goes on to pronounce the accused persons guilty and the anchor of the show even says that the maximum possible punishment must be handed out to the accused persons. Under our criminal justice system, it is a basic tenet that nobody has the right to pronounce a verdict, much less verdict of guilt or otherwise upon an accused and that it is the sole prerogative of criminal court,” the BCCC said in its order.
The council, however, also said that it did not feel that the show in any way was breaching privacy of individuals.
“Other than this, the Council does not find anything objectionable with the show with regard to the alleged breach of privacy,” the order said.
The BCCC said the trial in the case is almost getting over and there is a likelihood of the pronouncement of the verdict soon.
“Therefore, in view of the above findings, the Council directs that the shows in question should not be telecast till the verdict is pronounced by the trial court in the matter,” the order said.
The BCCC in its order noted that the show discussed the role of each of the accused in a detailed manner and had also covered the various confessions rendered by the accused.
“The show is clearly based entirely on the prosecution story only. Therefore, it is seen that the show on several occasions declares the accused persons as guilty. In fact, in a long summation given towards the end of the show, the anchor even says that the maximum possible punishment should be given to the accused persons,” the order said.
The channel argued that the episodes were based on newspaper reports. It also contended that the telecast of the shows cannot affect a judicially trained mind and the judge will decide the matter on the evidence before him therefore there is no likelihood of interference on the administration of justice in the matter.
“It must be borne in mind here that the present trial has generated a great amount of public curiosity and interest. Therefore, the case has immense legal and social implications. In fact, it must also not be forgotten that the prime accused, Ram Singh allegedly committed suicide inside his prison cell, thereby bringing the case back into prime public focus,” the BCCC said.
“Considering the present day importance and implications of the case, there is no gainsaying that the telecast of the show is bound to have an impact of its own and the issue at hand must be dealt with utmost sensitivity.”
The Council said that it could not lose sight of the fact that all the accused persons have pleaded innocence and therefore claimed trial.
Fair and impartial trial is not just a part and parcel of the right to life and liberty but goes to the root of administration of justice and rule of law, BCCC said. (PTI)
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