Accused, Convicts: Media cannot publish their remarks: HC

A High Court bench yesterday cautioned the media to be more careful while broadcasting and publishing news with regards to an absconding accused as well as subjudice matters in future.

It upheld an ad-interim order of injuction restraining all media from participating, publishing or broadcasting any statement, comment, interview and conversation of anyone accused and convicted of non-bailable and cognisable offences on television news or talk shows with regard to the cases pending before court or an investigating agency until further orders.

The bench, however, declined to issue the contempt of court rule against Ekattor TV, a private television channel, for allowing Proshanta Kumar Halder, also known as PK Halder, to participate in a live talk show and broadcasting his interview on December 28.

The HC bench of Justice Md Nazrul Islam Talukder and Justice Mohi Uddin Shamim disposed of a petition filed by the Anti-Corruption Commission praying for the issuance of the contempt of court rule against Ekattor TV authorities for allowing PK Halder, a fugitive in a money laundering case, to participate in a live talk show and having his interview broadcast.

Earlier in the day, Ekattor TV authorities submitted an explanation through its lawyer Muhammad Ashraf Ali to the HC saying that they broadcast the interview in good faith and had no mala fide intent to undermine the majesty of the court.

The TV channel authorities said they were not aware of any court order restraining publication and broadcasting any report on the subjudice matters adding that they will remain more cautious in this regard.

The ACC's lawyer Khurshid Alam Khan vehemently opposed the explanation saying that the Ekattor TV authorities have indirectly admitted their guilt as they said they will be more cautious.

The channel has allowed PK Halder to participate in live talk show as a guest although he is a wanted fugitive, with an arrest warrant issued against him by a court, while the Interpol is also looking for him.

Deputy Attorney General AKM Amin Uddin Manik supported ACC lawyer Khurshid Alam Khan.

Supreme Court lawyer Mohammad Shishir Manir, as an intervener, told the HC that he is willing to place before it several decisions of courts of different countries allowing the media to publish interviews of convicts and fugitives.

The HC bench asked him to do so and said it will hear in details on this issue while hearing the rule.

At the hearing of the pending rule over the inaction of the ACC and government in arresting PK Halder, the HC on December 30 observed that no accused or convicted of non-bailable and cognisable offences is entitled to make any comment or give an interview.

"Our concrete and considered view is that the accused, the convict, the fugitive and convicted accused of non-bailable and cognisable offences who are wanted by the court are not entitled to make any comments or give interviews before TV channels, electronic media, print media, social media or any other media in respect to the case during its pendency for trial and investigation because it may create confusion, affect the merit of the case and also lower the image and sanctity of the judiciary and the investigating agency," the bench said.

The court is scheduled to hold hearing on the rule on January 20.