Dileep in his petition, had pointed out that when the trial before the sessions court began, there was a huge media furore. Dileep, the eighth accused in the case, had then moved the Additional Special Sessions Judge (SPE/CBI )-III, Ernakulam for issuing a direction to prohibit media publication of court proceedings.
The trial judge had allowed Dileep’s plea and directed that nobody should print or publish the proceedings in connection with the case except the matters permitted as per the directions of the Supreme Court in Nipun Saxena & Anr. v Union of India & Ors.
However, according to Dileep, even after the trial judge’s gag order, the media resorted to publication of matters in violation of Section 327(3) of the Code of Criminal Procedure.
This prompted him to approach the High Court through advocates Philip T Varghese, Thomas T Varghese, Achu Shubha Abraham, Litha VT, Monisha KR and Nitya R.
The petition before the High Court particularly mentioned Reporter TV, the promoter of which has been arrayed as the third respondent.
The CEO of the company, Nikesh Kumar, is a journalist nurturing political aspirations who had contested and lost in the 2016 Kerala Legislative Assembly elections, the plea pointed out.
Kumar was cited as a prosecution witness and had deposed before the trial court which scheduled his re-examination on December 29, 2021.
“While so, the 3rd respondent telecast through their ‘Reporter TV’ as ‘Breaking News’ and ‘Exclusive’, interview with a person named Mr. P Balachandra Kumar on December 25, 2021,” the plea claimed.