[Tootkit Case] Delhi HC directs Centre to file report on 'current status of investigation' against Disha A. Ravi

The Delhi High Court on Monday directed the Union of India to file a status report on the ‘current status of investigation’ against accused Disha A. Ravi in connection with the Toolkit case.

Justice Prathiba M. Singh was hearing a writ petition by Disha A. Ravi seeking action against media houses including Times Now, India Today, and News18 for alleged violative reporting on the Toolkit case.

During the hearing today, Senior Advocate Akhil Sibal appeared for Disha Ravi and contended that the question is that a person who is under investigation, against that person whether the authorities have the power and entitlement to identify and collect private data or information. He stated that the problem is being faced not just in this matter. He added that no chargesheet had been filed yet in the matter and that Disha is out on bail.

“During the course of the investigation, at a stage when the chargesheet is yet to be filed, you’ve collected some private data and media starts reporting, not only that….authorities have a legitimate right to do so collect, which is then leaked to the media, and secondly, they cite police sources to talk about purportedly what is being asked of the person, in the custodial investigation, what answers are purportedly being given”, Sibal said.

The senior counsel added that when the same was put before the Police, they filed an affidavit stating that they had released nothing.

Taking note of the submissions, the single-judge bench asked the Delhi police about their stand on Disha A. Ravi’s case. Noting that the counsel had no instructions, the court expressed displeasure and said, “What have you come for then? This cannot go on like this, I mean this is an important matter, you can’t come without instructions in a matter like this”.

Justice Singh said, “Let the Union of India file an affidavit as to the status of the investigation and the current position. The affidavit be filed at least two weeks before the next date of hearing”. Accordingly, listed the matter for further hearing on September 4.

It is to be noted that in February 2021, the court issued interim directions in respect of the petition filed by accused Disha A Ravi against India Today, Times Now, and News 18 for violative reporting.

“The print and electronic media play a very important role in ensuring that there is no sensationalism and that they adhere to responsible journalism. Recent coverage by the media definitely shows that there is sensationalism. While police briefings and the happenings in Court proceedings etc. can also be broadcasted and disseminated, leaked investigation material ought not to be disseminated so as to prejudice the investigation.”, the single-judge bench had noted.

Ravi had moved the High Court in 2021 alleging the publication of “one-sided defamatory, suggestive innuendos, and half-truths” about her in the Toolkit case. In the present matter, the petitioner was arrested on 13th February 2021 in Bangalore and was brought to Delhi. She was sent on police remand vide order dated 14th February 2021 by the Duty Magistrate, Patiala House Courts.

After Ravi’s arrest, as per her, during the investigation process, various messages, etc., were leaked by the Police to the media which resulted in many programs, news bulletins and online dissemination of various private messages and interventions which were broadcasted.

She had further contended that some of the bulletins made allegations of her association with various illegal and unlawful groups. Thus, She had filed a petition against the Police, the Ministry of Information and Broadcasting and various news channels for claiming the following reliefs:

• Removal of the alleged WhatsApp from the public domain and issuing directions to the police to not disseminate anything, which was not part of the public record, not sharing investigation files and conducting any press briefs.
• Issuing directions to media houses to comply with the program code and the advertisement code.

Case Title: Disha A. Ravi v State (NCT of Delhi) & Ors.