The Delhi High Court on Friday refused to restrain journalist Arnab Goswami and his Republic TV from airing news about Congress MP Shashi Tharoor's wife Sunanda Pushkar's death case.
The court, however, held that Goswami, the editor, and the channel should respect Tharoor's right to silence in connection with his wife Sunanda's death, while asserting that the press cannot 'convict anyone' or insinuate that he/she is guilty.
The High Court also said that the press has to exercise care and caution while reporting about matters under investigation or pending trial, the Live Law reported.
The high court also asked Goswami and Republic TV to send an advance notice to Tharoor for his views before airing any news on the Pushkar death case.
"Every individual has a right to silence. He cannot be forced or compelled to speak on the issue," Justice Manmohan said.
The court's order came on three different applications filed by Tharoor in his Rs 2 crore defamation suit against Goswami and the channel for allegedly making defamatory remarks against him while airing news relating to the mysterious death of his wife.
Earlier in September, the Delhi High Court refrained from passing any interim order restraining Goswami and his news channel from airing any news or debate in connection with Pushkar's death case.
Justice Manmohan had issued notice to Goswami and sought their responses on Tharoor's plea to restrain them from allegedly misreporting the contents of court proceedings related to Pushkar's death.
It had also observed that the Congress leader has not shown any law by which investigation cannot be done by the journalist.
"Show me that after the first date of hearing (May 29), he (Goswami) has called you a murderer," the judge said, adding "I cannot dictate what should be the editorial policy of a news channel".
The Congress leader has alleged that after the last date of hearing on August 16, the journalist and his channel continued to indulge in misreporting and had broadcast an 8-hour programme on September 4 related to his wife's death.
Sunanda Pushkar was found dead at a suite in a five star hotel in South Delhi on the night of January 17, 2014.
Tharoor said the said channel's broadcast was a bid to establish itself.
"The media has very important role as a witness but the media doesn't have a role of being a prosecutor, a judge or an executioner."
The Thiruvananthapuram MP said he had nothing to hide and had been fully cooperative with the police.
Earlier this year, the head of All India Institutes of Medical Sciences (AIIMS) forensic department, Sudhir Gupta had confirmed that the death of Sunanda Pushkar Tharoor was unnatural and caused due to poisoning.
"Sunanda Pushkar's death was unnatural. We clearly said that this is a case of poisoning. This has been clearly stated in the opinion. This opinion has been made and formed on the basis of circumstantial evidence where certain drugs and poison have been recovered by Delhi police itself," Gupta told ANI.
(With PTI inputs)
