'Toolkit' case: Whatever in public domain can't be part of public record, Disha tells Delhi High Court

Delhi police, for their part, said that the allegations that the information or investigation data have been leaked were false and incorrect

Environmental activist Disha Ravi on Friday contended before Delhi High Court that her alleged WhatsApp messages may be in the public domain but they could not become part of public record.

"The difference between 'public records’ and 'records in public' domain has to be maintained. The fact that the WhatsApp messages may be in the public domain does not make them a part of the public record," senior advocate Akhil Sibal submitted before Justice Pratibha M Singh.

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Maintaining that her privacy must be maintained, the counsel said after her arrest during the process of investigation, various messages were leaked by the police to the media, resulting in a large number of programmes, news bulletins and online dissemination of various private messages.

The court, which asked TV channels to telecast only authentic information, told Delhi Police to stick to the Ministry of Home Affairs's office memorandum on press briefings.

Disha's counsel apprehended that various messages were leaked by the police to the media.

He sought a direction that the alleged WhatsApp conversation ought to be removed from the public domain and the police should be directed not to disseminate anything, which was not part of the public record.

Media houses ought to be directed to comply with the programme code, he said.

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Delhi Police, for their part, said that the allegations that the information or investigation data was leaked, were false and incorrect.

TV channel, India Today, submitted that the petitioner herself does not seems to be alleging that the WhatsApp messages were false or incorrect and cannot be attributable to her.

"If that is the position, the broadcasting of the WhatsApp messages which are correct cannot be complained of," the counsel said.

Times Now's counsel said all the information was in the public domain and the broadcast of tweets by Delhi Police with regard to the investigation cannot be termed as objectionable.

He said the right of privacy of the petitioner would be restricted only by the public interest which has to be "overwhelming" as per the judgment of the Supreme Court in K S Puttaswamy case.