The Delhi High Court today observed that a media organisation "prima facie" violated its order by publishing a photograph along with a report on TERI Executive Vice Chairman R K Pachauri, who is facing sexual harassment allegations by a former woman colleague.
Justice J R Midha, who was hearing a plea filed by Pachauri seeking action against some media houses for "deliberately" disobeying its earlier order restraining them from publishing averments against him, said there was "no justification" for publishing the photograph.
"Photograph (of Pachauri) was published in the newspaper in spite of the court's order. Once a court has restrained you (newspaper) from publishing, where is the justification to publish it...Is it not contemptuous?" the bench observed.
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Advocate Ashish Dixit, who appeared for Pachauri, told the bench that when newspaper published the report and photograph even a charge sheet had not been filed against the top TERI official, who proceeded on leave a few days ago.
"On that date (when the report was published) charge sheet was not filed. It was not filed even after a week. Till the time, charge sheet was not filed, you cannot say that police has declared him guilty," he told the bench, referring to a "speculative" report about police having concluded that Pachauri was allegedly involved in the offence.
When he referred to the newspaper report, the bench asked, "Where is the occassion to publish such photograph in the newspaper?"
"Prima facie, I am inclined to issue notice as there is no justification for publishing such photograph. Prima facie, they have violated the order," the judge said.
However, after the counsel appearing for one of the media houses raised a legal issue before the bench on the petition, Pachauri's counsel sought time. The bench, which did not issue notice today, then fixed the matter for hearing on March 11.
In his plea, Pachauri had referred to some recent media reports to claim he was "being subjected to unfair and illegal media trial". He had argued that his fundamental right to a fair trial would be violated in these circumstances.
His petition alleged these media houses were repetitively flouting the directions of high court and publishing "incorrect and misleading reports with ulterior motives".
The police has recently filed a charge sheet against Pachauri in the case in which an FIR was registered on alleged charges of sexual harassment under IPC sections 354, 354(a), 354(d) (molestation) and 506 (criminal intimidation).
Pachauri, who is out on anticipatory bail, has denied all the allegations levelled against him.
Delhi HC is likely to pronounce tomorrow its order on a plea for cancellation of Pachauri's anticipatory bail in the case.
