The Delhi High Court has imposed a cost of Rs 10,000 on a petitioner seeking gag orders against Hindustan Times and Dainik Jagran, stating that a gag order should be passed only when it became absolutely necessary for the fairness of a trial. The single-judge Bench of Justice Subramonium Prasad observed that just because a publication was mentioning the court proceedings, it could not be concluded that it was affecting a fair trial. The court has to carefully see the nature of the publication and find out whether the content of the publication will cause prejudice to the trial or not. It said prejudice by a publication could be divided into two categories, one which threatened to impair the courts impartiality and the other which prejudiced the court’s ability to determine true facts. The single-judge Bench imposed cost of Rs 10,000 on petitioner Ajay Kumar, who sought directions against Hindustan Times and Dainik Jagran to conceal his identity while circulating news or any article...
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