Shivani Thakur
Published on: April 20, 2022 at 22:59 IST
The Kerala High Court commented on the detrimental effect Media Trial has on the Legal system, while temporarily gagging Reporter TV from publishing/broadcasting/telecasting any item concerning or relating to actor Dileep’s brother in law, Suraj on the Murder Conspiracy Case or the 2017 actor Sexual Assault Case.
Justice Mohammed Nias C.P remarked that,
“Reports/telecast having the effect of prejudicing mankind against the parties and the court before the Case is heard clearly interferes with the course of Justice. A larger negative impact to a Trial by Media, a more subtle one which often goes unnoticed also needs a mention.”
“In a trial by Media which apart from adversely affecting the rights of an Accused for a Fair Trial has immense power to influence public opinion.”
“A perception is created for or against the Accused in the mind of the laymen. So much so, that when a Judge passes a verdict which may be totally against the layman’s perception, it causes him to distrust the integrity of the very Legal System.”
The Single Judge Bench also pointed out that, “This loss of faith in the Justice Delivery System is aggravated when the Judge, not the Judgment itself is subjected to media criticism. In such Cases Trial by media results in denigration of the Justice Delivery System which without doubt, is the very foundation of the rule of law in any democratic setups”
Justice Nias opined that the media cannot usurp the Jurisdiction of the Courts, only Court have the Constitutional Authority to decide that.
Further, it was held that the publication of leaks from the Investigation Agencies and Level Allegations against individuals based on such leaks are not protected by the Freedom of Press under Article 19 (a).
“Half-truths and misinformation cannot be the basis of publications or telecast. The media cannot be given the right to speculate on the outcome of the on going investigations or the Court Proceedings or Criminal Trials.”
Moreover, as far as Criminal Trials are concerned, any reporting beyond the Factual Statement of what has transpired in a Courtroom can be curbed in a given Case.
