LI Network
Published on: 28 August 2023 at 11:30 IST
Justice Anup Jairam Bhambhani of the Delhi High Court has highlighted the susceptibility of judges and investigating agencies to media pressure, underscoring that what they read can influence their perspectives.
Speaking on the topic ‘Fair Trial: Fairytale, Narrative or More’ at an event organized by the Centre for Discourses on Criminal and Constitutional Jurisprudence, Justice Bhambhani emphasized the potential impact of media narratives and trials on the trajectory of legal cases.
Justice Bhambhani stressed the need for mindfulness among judges, legal practitioners, and individuals involved in the criminal justice system. He pointed out that media narratives and reports can subtly shape opinions, affecting decision-making processes.
Acknowledging the influence of media narratives, Justice Bhambhani urged vigilance to ensure that judgments are not swayed by external factors.
Discussing various challenges that impede fair trials in India, Justice Bhambhani addressed the role of investigating agencies, the pressure of media scrutiny, and the importance of legal aid.
He particularly highlighted the concern of investigating agencies selectively presenting electronic documents and records as evidence, often without providing comprehensive context. He called for addressing this issue to maintain the integrity of the legal process.
Justice Siddharth Mridul also participated in the event, discussing the principle of presumption of innocence in the criminal justice system. He underscored the significance of personal liberty within a thriving democracy, stating that the protection of individual liberty is a fundamental duty and a part of the constitutional framework.
Justice Mridul elaborated on the “crime control model” versus the “due process model” and emphasized their shared goal of punishing the guilty while safeguarding the innocent.
The event featured insights from legal experts, including Senior Advocates Dr. Arun Mohan and N Hariharan. It provided a platform for discussions on critical aspects of criminal and constitutional jurisprudence, fostering a deeper understanding of these issues among legal professionals and the public.