COURT ON ITS MOTION Vs. STATE OF DELHI

JUDGEMENT

(1.) On 31st May, 2007, the court took notice of a telecast by NDTV on 30th May, 2007 relating to a sting operation pertaining to the role of defence lawyers and the Special Public Prosecutor in an on going Sessions Trial, commonly known as `BMW case' at Patiala House Courts. As the contents of the telecast raised serious issues concerning administration of criminal justice, court directed the facts to be ascertained. Registrar General was directed to collect all material available in respect of the telecast including copies of the CD, Video and transcripts and submit the same for consideration of the court. Pursuant to the above order, Ms.Poonam Agarwal, Reporter of NDTV produced in all, six C.Ds one edited and five unedited, containing the original footage. All the C.Ds were kept in a sealed cover. She also undertook to produce the transcripts. The transcripts were produced by Ms.Poonam Agarwal on 6th June, 2007. NDTV was directed to preserve the original chips.

(2.) Sealed cover was directed to be opened on 4th July, 2007 and NDTV was directed to provide three sets of transcripts on record. On 9th July, 2007, the Court directed a further affidavit to be filed by appropriate person(s) concerning the sting operation from the stage it was conceived, attendant circumstances, details of the recordings done, time and place etc and other relevant circumstances, within two weeks. An affidavit dated 23rd July, 2007 has been filed by Ms.Poonam Agarwal, Reporter of NDTV News Channel together with its annexures including four C.Ds of the telecast of 30th and 31st May, 2007 (being Annexures `A' to `D' to the affidavit). Annexure `E' to the affidavit is copy of the transcript of the statement on camera by Mr.Sunil Laxman Kulkarni. Annexure `F' to the affidavit is transcript of the sequence of events narrated on camera by Mr.Sunil Laxman Kulkarni. Annexure `G' is the notice issued on behalf of Mr.R.K.Anand, Sr.Advoate to the News Channel alleging defamation and Annexure `H' is its reply thereto.

(3.) The court on 25th July, 2007 appointed Mr.Arvind Nigam, Advocate as an Amicus Curiae and directed that before proceeding further in the matter, the Bench would like to view the original recordings and necessary arrangements be made. On 31st July, 2007, NDTV was directed to place on record transcripts free of typographical and other errors. The Bench had also called for the Trial Court record for its perusal.