Press Cannot Be Silenced, But Child’s Identity Must Be Shielded: Delhi HC in Dwarka Crash Plea

The Delhi High Court on Friday declined to pass a blanket order restraining the media from reporting on the Dwarka SUV crash case that resulted in the death of a 23 year old man, but made it clear that the identity of the 17-year-old accused must not be disclosed.

Justice Saurabh Banerjee passed the order while hearing a plea filed by the minor’s father in Narender Kumar Singh v. Union of India & Ors.

The petition sought directions to news channels, newspapers and digital platforms to refrain from publishing the name, photograph or any identifying details of the child, and also prayed for a complete halt to what was described as a “media trial”.

The case arises from an accident that took place on the night of February 3 in Dwarka, where, according to the allegations, a speeding SUV driven by the minor hit a motorcycle, leading to the death of the 23-year-old rider.

The incident received extensive media coverage, with the petitioner alleging that several reports had revealed the minor’s face and disclosed personal details about him and his family.

During the hearing, the Court observed that while the apprehension regarding the protection of the minor’s identity was legitimate, a sweeping direction to stop all reportage could not be granted.

The bench remarked that freedom of the press and the right of journalists to report on matters of public importance could not be curtailed through a blanket gag order, and questioned the legal basis for seeking a complete prohibition on coverage.

The Court noted that such a direction would effectively amount to asking the media not to speak about the case at all, which was impermissible in law. It also clarified that any specific grievance against a particular publication or broadcast could be examined in accordance with law, but the press could not be restrained in its entirety.

Counsel for the petitioner submitted that the minor’s face and personal details had already been widely broadcast, as a result of which the family had been receiving repeated phone calls, abusive messages and threats.

It was contended that the child was under severe mental stress and fear, and that the intense media attention had adversely affected his studies and overall well-being.

The plea invoked Article 21 of the Constitution, contending that such reportage infringed the minor’s right to a fair trial, and placed reliance on Section 74 of the Juvenile Justice (Care and Protection of Children) Act, which prohibits disclosure of the identity of a child in conflict with law.

Questioning the maintainability of the writ petition insofar as it sought a complete gag order, the Court observed that the statutory protection against disclosure of a juvenile’s identity was already embedded in the Juvenile Justice Act and that the relief sought was far wider than what the law contemplated.

At the same time, the Court acknowledged that the child’s identity was required to be protected in strict compliance with the statute. It issued notice to the Union of India, the Press Council of India and the Press Trust of India, and directed that the child’s record in relation to the FIR shall not be disclosed for any purpose until the next date of hearing.

The Court clarified that the media remained free to report on the case, but must ensure that the name, image or any other detail capable of revealing the identity of the minor accused was not published.

The matter has been listed for further hearing on July 9.

The order reflects the Court’s effort to balance the statutory protections available to a juvenile in conflict with law with the constitutional guarantee of freedom of the press.

Case Title: Narender Kumar Singh v. Union of India & Ors.

Bench: Justice Saurabh Banerjee