Showing posts with label Tushar Mehta. Show all posts
Showing posts with label Tushar Mehta. Show all posts
New OTT rules have no teeth, says Supreme Court
8:24 AM
Posted by Fenil Seta

This picture has been used for representational purpose
Court says rules have no provision of prosecution; grants protection from arrest to Amazon Prime Video’s India head in FIRs lodged against Tandav series
MID-DAY (March 6, 2021)
The Supreme Court on Friday said the Centre’s new guidelines on regulating over-the-top (OTT) platforms like Netflix and Amazon Prime have “no teeth” as there is no provision for taking appropriate action against digital platforms showing inappropriate content.
“We have received the rules you (government) have filed. These rules don’t have any teeth. There is no provision for prosecution. They are just guidelines,” the court added. The apex court also granted protection from arrest to Amazon Prime Video’s India head Aparna Purohit in FIRs lodged over web series Tandav.
A bench comprising justices Ashok Bhushan and R S Reddy observed that a law has to be framed to put in place a mechanism to control OTT platforms instead of mere guidelines.
Solicitor General Tushar Mehta, appearing for the Centre, said the government can come up with a better draft of the rules for the consideration of court within two weeks and the new rules were brought as a balance between “no-censorship and internal self-regulation”.
The top court had on Thursday observed that some OTT platforms at times show pornographic contents and there should be a mechanism to screen such programmes. It had asked the Centre to place its guidelines on regulating social media.
Mehta had said he would be placing on records the Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021.
The bench also issued notice to the Uttar Pradesh government on Purohit’s plea for anticipatory bail in FIRs on Tandav series. It said Purohit’s protection from arrest will be subject to her cooperating with the investigation and appearing before the police as and when summoned. The SC also directed Purohit to make Centre as a party to her plea.
Tandav is a nine-episode political thriller starring Bollywood A-listers Saif Ali Khan, Dimple Kapadia and Mohd Zeeshan Ayyub. Purohit has been accused of inappropriate depiction of Uttar Pradesh police personnel, Hindu deities and an adverse portrayal of a character playing the prime minister in the web series.
-----------------------
TIMES VIEW:
The Supreme Court, while very wisely dismissing a petition some years ago to ban a film on grounds of nudity and vulgarity, said, “If you don’t like, then don’t watch it… These are matters of art and entertainment and let them remain so.” Instead of championing the cause of greater freedom — and that includes artistic and creative freedom — it now wants government to censor OTT platforms. That’s a dangerous road to take, especially in an environment that has turned increasingly intolerant on many fronts — political, socio-religious, cultural. Also, the court is missing a fundamental difference between OTT and publicly-screened cinema, even broadcast television. OTT, by its very technology, is narrow-cast, and to try and dictate what people can or cannot stream online amounts to invasion of privacy. There are laws governing certain forms of pornography — notably child pornography — and they must be stringently enforced. Beyond that, it’s moral policing. Worse, to give any government licence to arbitrate on such definitionally amorphous concepts as taste and morality is liberty-limiting.
Will CBI take over Sushant Singh Rajput death case probe? Verdict in Supreme Court today
8:27 AM
Posted by Fenil Seta


Dhananjay Mahapatra (THE TIMES OF INDIA; August 19, 2020)
The Supreme Court will pronounce its verdict on Wednesday whether CBI should investigate the mysterious death by suicide of actor Sushant Singh Rajput two months ago.
Justice Hrishikesh Roy will give the verdict on a petition filed by Rajput’s friend and actor Rhea Chakraborty, who had sought transfer of the FIR lodged by Rajput’s father in Patna to Mumbai, where the actor was found dead.
The Bihar government had referred the Patna FIR to the CBI, leading the Centre to ask the probe agency to take up the case. However, Maharashtra government had opposed the Centre’s decision to hand the case over to CBI and said that the Patna FIR should be transferred to Mumbai police in whose jurisdiction the incident happened. Mumbai police are yet to register an FIR and have continued their inquiry under an accidental death report.
Before concluding the hearing on August 14, Justice Roy recorded that Chakraborty was not opposed to a CBI probe. “You may be correct in saying that you have been a victim of media focus on the case but your stand is that if CBI probe is ordered into the incident, you have no objection,” he had said.
That day saw counsel for Bihar government and Rajput’s father K K Singh on one side, trading charges with their counterparts representing Maharashtra and Chakraborty on the other. Entering the fray, solicitor general Tushar Mehta told the apex court that it was a fit case for CBI probe as Mumbai police had not filed an FIR and declared that it was a case of suicide.
“We do not know what is the role of Chakraborty in the case — witness, accused, complainant or nobody? Yet, she moves an application in the SC, seeking transfer of the FIR to Mumbai. What is her interest in seeking transfer when she should be interested only in a fair probe, irrespective of the agency which investigates the case,” Mehta had said.
There can be two possible outcomes of the verdict. One, the court may allow CBI probe, in which case Mumbai police will have to abort its investigation. In this scenario, the CBI will take the FIR lodged by Rajput’s father in Patna too into account while taking over the case material collected so far by Mumbai police. The SC, if it orders a CBI probe, will decide which court — the one in Patna or Mumbai — will have jurisdiction over the FIR and consequent investigation.
Conversely, CBI might find it difficult to engage with the investigation in case the apex court allows Chakraborty’s plea for transfer of the Patna FIR to Mumbai police because the suicide took place in Mumbai and most witnesses and people related to Rajput are linked to Bollywood and are located in the metropolis.
Supreme Court reserves verdict on CBI probe into Sushant Singh Rajput’s death
7:24 PM
Posted by Fenil Seta

Dhananjay Mahapatra (THE TIMES OF INDIA; August 12, 2020)
New Delhi: The Supreme Court on Tuesday reserved its verdict on the contrasting pleas for CBI probe into the alleged suicide of actor Sushant Singh Rajput even as Bihar and Maharashtra governments traded charges while arguing for and against investigation by the central agency on Rhea Chakraborty’s plea for transferring an FIR registered in Patna to Mumbai.
Before the hearing on Chakraborty’s petition ended, Justice Hrishikesh Roy cut through the arguments advanced on behalf of Rajput's girlfriend and said, “You may be correct in saying that you have been a victim of media focus on the case, but your stand is that if CBI probe is ordered into the incident, you have no objection.”
As the Bihar government and Rajput’s father on one side traded charges with Maharashtra and Chakraborty on the other, solicitor general Tushar Mehta said it was a fit case for CBI probe as Mumbai police had not registered an FIR till now and had pre-emptively declared it was a case of suicide. “We do not know the role of Chakraborty in the case — witness, accused, complainant or nobody? Yet, she moves an application in the SC seeking transfer of the FIR to Mumbai. What is her interest in seeking transfer when she should be interested only in a fair probe irrespective of the agency which investigates the case,” Mehta said.
On her behalf, senior advocate Shyam Divan said, “Politicisation and media trial of the case must stop to protect her (Chakraborty’s) right to privacy. There should be a fair investigation by a fair agency. The correct course under law is that the Patna FIR must be transferred to Mumbai and if Maharashtra government recommends, a CBI probe can take place,” Divan said.
For the Bihar government, senior advocate Maninder Singh and standing counsel Keshav Mohan said Patna police took the correct step in registering an FIR as even after nearly two months, Mumbai police had not registered a case into the actor’s death under “suspicious circumstances”. Singh said Mumbai police, at the behest of the Maharashtra government, was continuing with the inquiry based on an “accidental death” report and wondered who it was trying to protect by not registering an FIR for a proper investigation.
Appearing for Rajput’s father, senior advocate Vikas Singh supported the Bihar government’s stand and said, “Chakraborty had systematically cut off Rajput from his father and other family members. There were several injury marks on Rajput’s body and yet, Mumbai police continue to float the story that it was a case of suicide.”
For the Maharashtra government, senior advocate A M Singhvi said Rajput’s father had not sent a written complaint to Mumbai police, which alone had jurisdiction over the incident. He went on to question the jurisdiction and power of the SC’s single judge bench to order a CBI probe.
Supreme Court denies Rhea Chakraborty interim protection from questioning by Bihar Police
8:08 AM
Posted by Fenil Seta

BOMBAY TIMES (August 6, 2020)
A team of four officers of Patna Police arrived in Mumbai on July 27 after they registered an FIR against Sushant Singh Rajput’s girlfriend Rhea Chakraborty and six others, based on a complaint filed by his father, K K Singh, on July 25. Meanwhile, the actress moved the Supreme Court, seeking a transfer of investigation from Patna to Mumbai. Her lawyer, Satish Maneshinde, also sought interim protection from the questioning of Bihar Police, which had accused her of “absconding” and “not coming forward”.Yesterday, the apex court refused to grant her interim protection, which means that the Bihar Police can now interrogate Rhea in connection with Sushant’s death case. Justice Hrishikesh Roy went on to note, “Serious allegations have been levelled against the petitioner. She has applied for transfer of proceedings from Patna to Mumbai...” The top court, in its order, asked Maharashtra, Bihar and Sushant's father to place on record their replies to the transfer petition. It also noted that the Mumbai Police must submit its records of investigations done so far.
During the hearing, Solicitor General Tushar Mehta informed the Supreme Court that the Centre has in principle accepted the recommendation of the Bihar government to order a CBI inquiry into the case. As per reports, the Centre on Wednesday evening issued a notification asking the CBI to investigate the death of the actor. Meanwhile, the Enforcement Directorate (ED) has summoned Rhea Chakraborty on August 7 for questioning in the money laundering probe linked to the complaint by Sushant’s father
There’s clear evidence of murder, says counsel for Sushant Singh Rajput’s family
8:05 AM
Posted by Fenil Seta

Dhananjay Mahapatra (THE TIMES OF INDIA; August 6, 2020)
New Delhi: A Supreme Court bench has granted three days to Sushant Singh Rajput’s father, Bihar government, Maharashtra government and Mumbai Police to place on record their stand on Rhea Chakraborty’s petition seeking transfer of the FIR lodged by Rajput’s father against her in Patna to Mumbai. It will hear the case again next week.
Before the Bihar government and Rajput’s father K K Singh sparred with the Maharashtra government over who should probe the actor’s death, solicitor general Tushar Mehta informed the apex court that the Centre had accepted Bihar government’s proposal for a CBI probe and that a notification would be issued shortly.
Mehta said the in-principle decision to accept the recommendation was taken in view of demands for a CBI probe by Rajput’s girlfriend Rhea Chakraborty, his father and the Bihar government. Chakraborty, who had tweeted to home minister Amit Shah demanding a CBI probe later moved SC seeking transfer of the FIR to Mumbai. Meanwhile, Rhea Chakraborty’s lawyer Satish Maneshinde said she was in Mumbai, asking people to refrain from speculating about her whereabouts.
Counsel for Rajput’s father, senior advocate Vikas Singh, said, “There is clear evidence of Rajput being beaten up mercilessly and strangled to death prior to stage-managing of the suicide. There must be a CBI probe as the Bihar police is being obstructed by Mumbai police from investigating the case.”
For Maharashtra government, senior advocate R Basant asked, “Is there any cause of action for registration of FIR in Patna? Look at the consequences. It affects federalism. Rajput’s father has not said or given anything in writing to Mumbai police till date. Now, the case is being driven by politics. If at all Bihar police registered an FIR, it should have been transferred to Mumbai. Bihar cannot recommend CBI probe into a case over which it has no jurisdiction.”
Appearing for the Bihar government, senior advocate Mukul Rohatgi and the state’s standing counsel Keshav Mohan said, “It is strange Maharashtra is talking of federalism. They quarantined a senior Bihar police officer when he reached Mumbai for investigation. As the CBI has taken over the probe, this petition (by Chakraborty) has become infructuous.”
Justice Hrishikesh Roy said Maharashtra police has to satisfy the court it has done a professional job, but disapproved of the quarantining of a Bihar IPS officer. “The case has hogged so much media time. Quarantining a Bihar police officer does not send a good signal. When so many eyes are focussed on the case, are you sending the correct signal? Whatever the nature of the case Mumbai police has registered, you give details and ensure that it is done in a professional way,” he said.
Subscribe to:
Posts (Atom)