The Lucknow bench of the Allahabad high court on Wednesday dismissed the plea of Mohd Umar Gautam, arrested by the ATS in connection with religious conversions recently, seeking ban on reporting of any content relating to the investigation of the case.
The petitioner had sought directions for the Special Investigation Team (SIT) not to leak any allegations pertaining to him to the media pending investigation and thereafter during trial and also remove the confidential information leaked to media by the state officials.
Dismissing the plea, a bench of justice Ramesh Sinha and justice VK Srivastav observed, “Since nothing has been brought on record, which indicates that the state government or the SIT leaked any allegations pertaining to the accused to the media pending investigation or violated the norms as prescribed in the office memorandum dated April 1, 2010 issued by the Ministry of Home Affairs, Government of India, therefore, no interference is called for by this court in its extra-ordinary power under Article 226 of the Constitution of India in this writ petition.”
The bench refused to accept Gautam’s plea that a press note was issued on June 20, 2021 to attack his reputation. The bench said the police communication did not violate the fundamental rights of the petitioner or provisions of any law. “The reasons that prompted the police to issue the press note are not subject to judicial review provided they are bona fide and do not violate the petitioner’s right,” the bench said.
Aadditional government advocate Shiv Nath Tilahri said the press note was not put out as any offensive measure against Gautam but to maintain the people’s faith in UP police. He clarified that the police did not disclose any fact relating to the probe being conducted by the probe agency in pursuance to the FIR lodged by the SIT in Lucknow.
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