When judicial institutions fail to deliver justice, the media serves as a crucial fourth estate for victims' families to seek accountability, and restricting their ability to speak to the media effectively silences their voices and undermines public trust in the justice system.
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Twisha Sharma Case: Arnab Goswami Tells Supreme Court 'Institution is Biased In This Issue'Added:
If the if the impression of institutional bias is there >> if if there is I mean obviously the judiciary is going to be questioned why she why she was given anticipator bias >> right >> no no of course out there was a bias why did they file the FIR for 3 days just one question I want to reply to I haven't got a reply to it >> yeah so to keep saying that the media is doing a wrong job media should not interview the victim media is doing a bad job media is creating a narrative media should be stopped from interviewing the victim's family I do not think I mean the concern seems to be more about the the the the the view among people the justice is being denied to this family than serving justice to this family.
>> Court is pronouncing the order. Let's hear.
>> All right. The order of the Supreme Court is being pronounced. The chief justice says the solister general of India Tushar Ma has informed the second autopsy was conducted at Bopal pursuant to the directions of the Madhya Pradesh High Court. That's what the chief justice of India is now saying. He says the only issue as for now for consideration is the recommendations made by the state of MP to hand over the investigation to the CBI and that's what I think is a corollery is going to happen as the chief justice of India is right now dictating his order that means the case is going to be handed to the CBI and the chief justice of India saying that this will assure that there is a free transparent process and there is no institutional bias. I think you're absolutely right because it's institutional bias. Institutional bias is the issue.
>> Institutional bias is the issue. With the greatest of respect to the Supreme Court, that is the issue. The issue is institutional bias. And if the Chief Justice, honorable Chief Justice of India is concerned about institutional bias, then the first thing he should do is pull up the judge who gave anticipatory bail. Right? Swil, the first thing is he should pull up the judge who gave anticipatory bail and say, "How did you give anticipatory bail when the INVESTIGATION HAD NOT BEGUN?"
>> THAT IS REALLY THE ISSUE AND the media is not going to stop doing that at all.
Chief Justice is still telling them he's telling the family of the victim instead of making statements in public they should get their versions recorded before the investigating agency so that >> but why why is the chief justice impressing upon the victim not to speak to the media. It is a way that is the only way in which probably the attempt is sort of put a semi- gag on the family of the victim and uh but but uh but and and obviously aware that the more the victim's family speaks the more outrageous there among the people about why they're being treated like that. So I am not sure of this in any case here that if the victim's family does not speak, there are many people who will speak on behalf of the victim's family.
>> And they've also said in their order, we request the media to avoid recording statements of people who are likely to be potential witnesses. I think they've just made this as a request. This is not a gag order.
>> Let me tell you, it cannot be a gag order. And I don't know if that it makes sense if this country is a democracy and this freedom of expression why the victim's family should be semi- gagged or you know sort of gagged or or advised that you don't talk you know >> I because because this is not fair. Uh Swapnil Kotari please Swapnil Kotari what do you think? uh Orna uh the chief justice of India needs to be reminded of what the former chief justice said uh that the justice is either found in the dusty corridors of the court or in the catacapon of the media. Now unfortunately the dusty corridors of the court have failed miserably here when they gave an anticipatory bail when they failed to record the statements when they should have done when they failed to direct the second postmortem at the lowest level of the court that needed to be done but unfortunately that was not done so the cacaphony of the media was very important the so-called media trial and this sort of a request to not record this to not play this out is nothing but a simple directive so that uh you know we don't uh sort of go a little bit overboard in the sense that witnesses get tampered etc. But I don't think that this is a gag made gag order at all.
>> A minute to tell you the latest bit of information just 5 seconds ago that the chief justice has said and he's continuing in the same tone and tenor with a lot of respect to the chief justice and to the honorable Supreme Court. The chief justice says do not go ahead requesting you not to record statements. This will avoid unnecessary premature impression of outcomes or certain issues which have to be investigated. We request the general public to refrain from speculation, have trust in the most premier investigation.
>> But how do you restore trust when there is no action against the judge who gave anticipatory bail? When the basic questions were not asked, when when when the FIR had not been filed, when there was a presumption of obvious innocence, when it was disregarded that she would be able to destroy evidence, when pictures came out of her with her daughter-in-law's body, when the CCTV technicians were called with this colossal amount of information, are we supposed TO PUT FINGER ON OUR LIPS? We shall not say a word AND SAY WE HAVE TREMENDOUS FAITH IN THE SAME POLICE FORCE in the same police FORCE THAT HAS DONE NOTHING. I WANT TO ASK TODAY WHAT IS THE ACTION AGAINST ALL THE BIG authorities who received calls and they say oh these were condolence calls. Would you call a CCTV technician for a condolence call?
Would you call the director general of the home guards for a condolence call?
Would you call the other the head of the district judge for a condolence call?
There's been an obvious tampering of the system. We are not creating a narrative.
Even if I if I were to just place all the facts before people without any without any commentary from my side, even so people would think this is not called a narrative. This is called opinion.
This is not narrative. THIS IS A RIGHT OF THE people of this country to have opinion and the people of this country are not brain dead to not think about what is going on. this case is in the domain because it is a retired judge who has used connections to stall an investigation >> and I think it's absolutely >> that's it >> and now to get you know this these lectures of course whatever you know I just feel it's it's wrong it's wrong if after all this evidence we are told media stop reporting media don't create a narrative uh victim's family don't talk have incredible and infallible faith in the system faith in the system was broken justice or is doing some gag because senior advocate Lutra says keep our prayers of transfer open. Then the chief justice now says our order is without prejudice. The witnesses who shall not give media statements also includes any potential accused as well.
>> So there's a gag on the so there is a gag >> on the people.
>> Supreme Court Supreme Court therefore Supreme Court therefore is has stopped Tuisha's family.
>> Yes. from speaking to the media. The Supreme Court stops Twisha's family from speaking in the media. Supreme Court puts puts an effective gag.
>> Yes.
>> Puts an effective gag on Twisha's family from speaking to the media. I don't know how this helps. Swapnil, I don't know how this helped. This is beyond me. I just don't know how this helps in this country.
>> I Or no, this is not going to happen.
The Twisha's family, if they cannot vent themselves out before the corrupt police officers or now the CBI, let's see what the CBI does. We've it's a rehash of what happened 6 years ago. You rhythm everybody did all this and we've seen what the central bureau of investigation has done in Susan Singh Rajut's case.
Now let's hope that there is a complete volter on that. But let me tell you if Sisha's family wants to speak out they can very much speak to the media despite the Supreme Court order and it's it's a request. I don't think it can be a gag.
I IT'S MY FREEDOM BUT I DO NOT UNDERSTAND HERE WHY WHY THE CHIEF JUSTICE HAS EQUALIZED the victim's family from from the accused. What?
What? What has >> How can that happen? NO, IT CAN'T HAPPEN. HOW CAN >> BUT IT HAS HAPPENED. THAT'S WHAT THE SUPREME COURT HAS DONE. That's what the Chief Justice has said.
>> With due respect to the Supreme Court, this is not something which was acceptable at all. And I don't think the Chief Justice has said >> any of you any victim would agree.
>> The witnesses who shall not give media statement not >> shall not give media statement uh also include any other potential accused as well. So there is a gag >> even on Giribbala but not that she was speaking.
>> I do not understand why Giribbala should be equated Giribbala or Samart accused co-acused should be equated with victim's family. This is inappropriate to even you know even on a ethical basis how do you equate the two today? Are we to say are we to say in this country if someone else goes through this kind of tragedy someone else's daughter is treated like this then that person should be conscious that they should just not say a word not speak to the media keep quiet because somebody may feel some narrative may be built I mean what are we to do in this country are we used to say that tomorrow you're a victim of road rage you should not talk you should just have faith in the system tomorrow if there is a dowy death you should not talk. You should have faith in the system. Tomorrow if there is a murder, >> if there is a murder and is an influential person involved, you should not talk against influential people. You should have faith in the system. I want to know what is the logic behind this.
>> The only recourse for a victim is THE MEDIA. WHEN NOBODY HEARS YOU, IT IS THE media >> and and media is the fourth estate before. What is what why why should is the message being sent out here that tomorrow in the Pune Porche case where two people are killed by a rich brat you should keep quiet even if the rich brat gets out by writing an essay right because uh you should have faith in the system >> yes >> what is this is it an effective GAG ON MEDIA REPORTING >> PLEASE let me come in here >> what is THIS I I PROTEST against this >> faith in the system we have been let down by the system too often And every day we even today we have 16 cases of what is called dowry death or uh due to violence against women. We have no faith in the system. That's just the point.
The system is just not working for women.
>> Not giving statements.
>> Yes, he requested.
>> I I do not understand keeping the issue out of the media how it's going to help.
This case came up because of the media.
I
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