[Shraddha Murder Case] Delhi Court restrains AajTak from publishing, disseminating contents of chargesheet

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Synopsis

Court said that any dissemination of sensitive information will definitely result in psychological repercussions for the accused (Aaftab Amin Poonawala) and the victim's family.

A Delhi Court on Monday restrained Aajtak and other news channels from disseminating content of chargesheet including digital evidence in connection with the Shraddha Walker murder case and stated that “It is already a settled law, that Chargesheet is not a Public Document”.

Additional Sessions Judge (ASJ) Ramesh Kumar Singh of the Saket Court was hearing an application by Inspector Ram Singh for the issuance of orders to AajTak and other media channels "not to telecast" the materials in respect of the investigation in the Shraddha murder case.

ASJ noted that AajTak is contemplating telecasting some recordings/transcript of (Narco, Dr. Practo, etc) which was recorded during the investigation of the case. He stated that no party or person can utilize anything which is related to a court record without permission of the court.

The judge also placed reliance on the Delhi High Court Rules which envisage that a third person cannot obtain a copy of the judicial record in the pending case unless sufficient reason is shown to the satisfaction of the court.

“Article 21 of the Constitution of India protects the Life and Liberty of a person, it also contemplates a Protection of the psychological state of mind of such a person. Any dissemination of "sensitive info" pertaining to a Murder case will definitely result in psychological repercussions on the accused (Aaftab Amin Poonawala) and also on the victim's family”, the court observed.

Accordingly, the court passed a restraining order against the channel and listed the matter for further hearing on April 17, 2023.

Notably on March 31, Additional Sessions Judge (ASJ) Manisha Khurana Kakkar heard submissions on ‘point of charge’ against accused Aaftab Amin Poonawala in connection with the murder of his live-in partner Shraddha Walkar.

Background:

Aftab Poonawala was arrested on November 12, after Shraddha’s father filed a complaint against him. Shraddha and Aftab were living as live-in partners in Mehrauli, Delhi. According to sources, Aftab had killed Shraddha six months before his arrest. It is alleged that Aftab chopped Shraddha’s body into 35 parts and drew it in different places in Delhi.

Case Title: State v. Aaftab Amin Poonawala