Vidya Dhar & Ors vs Multi Screen Media Pvt. Ltd

2. The petitioner no. 3 was the Chief Minister of the State of Haryana from 1999 to 2005 and during his tenure 3206 Junior Basic Trained Teachers were recruited in the year 2000. During that time, one Shri Sanjiv Kumar, IAS, was the Director, Primary Education, Government of Haryana.

3. From 2000 onwards, upon certain facts being brought to the knowledge of the Government of Haryana, several disciplinary and vigilance inquiries were initiated against the said Shri Sanjiv Kumar. An FIR was registered against him under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

4. While the said inquiries were pending, Shri Sanjiv Kumar filed Writ Petition (Criminal) No. 93/2003 before this Court, holding himself out to be a whistle blower and claiming that while he was functioning as Director, Primary Education, Haryana, he was pressurized into altering the lists for appointment of Junior Basic Trained Teachers. Since, he had resisted and did not succumb to such pressure, he was being unfairly targetted by the administration.

8. During the pendency of the appeal before the Delhi High Court, the Petitioners and their family members came to learn that the Respondent was proposing to broadcast Episode Nos. 214-215 of “CRIME PATROL DASTAK” on 23- 24.2.2013, in which a dramatized version of “JBT Teachers Scam” was to be presented. The Petitioners thereupon filed CS(OS) No.335/2013 before the Delhi High Court on 20.2.2013 for permanent injunction to restrain the Respondent from broadcasting/telecasting the above-mentioned television program on any media channel, including the Internet. The learned Single Judge issued notice on the matter on 21.2.2013. On 22.2.2013, the Respondent published an advertisement in the Times of India regarding broadcasting of the show wherein a summary of the episodes to be shown, was published. According to the Petitioners, the said summary is a clear misrepresentation of the facts. The learned Single Judge vide order dated 22.2.2013, restrained the Respondent from broadcasting/telecasting the said program till the application for suspension of sentence under Section 389 of Cr.P.C. was decided.

9. On 23.2.2013, the Respondent filed FAO(OS) No. 119/2013 before the Division Bench of the Delhi High Court and after hearing the parties, the Division Bench by its judgment and order dated 28.2.2013, allowed the first appeal and set aside the order of injunction passed by the learned Single Judge.

12. Mr. Rohatgi submitted that, though the Petitioners may stand convicted in respect of the charges framed against them, an appeal from the judgment of conviction is a continuation of the trial and even at the appellate stage, there is every possibility of bias against the Petitioners, which would be against the concept of a free and fair trial.

16. Having considered the submissions made on behalf of the respective parties, we are inclined to agree with Mr. Salve that once the trial has been completed and the Petitioners have been convicted and, thereafter, arrested, there is no further possibility of any bias against them at the time of hearing of the appeal. The contents of the trial and the ultimate judgment of conviction and sentence is now in the public domain and is available for anyone to see.

18. The Special Leave Petition is dismissed with the aforesaid observations.

………………………………………………CJI.