SYMBIOSIS INTERNATIONAL DEEMED UNIVERSITY

Project Report

TRIAL BY MEDIA AND JUDICIARY: LIMITS AND CHALLENGES

Submitted by

Mahima Nidhi

Division: A Roll No. : 21010323073 Class: BA.LL.B.

Symbiosis Law School, Hyderabad

In

JANUARY, 2022

Under the guidance of

Dr Sanu Rani Paul

Assistant Professor at Symbiosis Law School, Hyderabad.

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 TABLE OF CONTENTS:

PART – I
Introduction…………………………………………………………………………………4
Research Questions………………………………………………………………………….4
Formulation of Hypothesis………………………………………………………………......5
Objective of the Study……………………………………………………………………….5
Significance of the Study…………………………………………………………………….6
Scope of the Study……………………………………………………………………….......6
Research Methodology……………………………………………………………………….7
Sources of Data………………………………………………………………………………..7
Review of Literature…………………………………………………………………………..7
PART – II
1]What Is Media Trial ………………………………………………………………………9
2] Media and Freedom of Press ……………………………………………………………10
3]Media Trial and Contempt of Court……………………………………………………....11
4] Challenges Faced by the Judicial Trial in India………………………………....……….12
5] Analysis of Cases………………………………………………... ………………………15
6] Limitations and Repercussions ……………………….………………………………… 18
7] The Need for Rectification……………………………………………………………….. 20
8] Conclusion………………………………………………………………………………...21
9]References………………………………………………………………………………….22

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 LIST OF CASES:

 Manu Sharma v. State (NCT of Delhi), (2010) 6 SCC.

 State(Through CBI) v. Santosh Kar Singh, 133 (2006) DLT 393.
 Rajesh Talwar (Dr.) v. Central Bureau of Investigation, 2013 SCC OnLine All
5533.
 Romesh Thappar v. State of Madras, 1950 SCR 594.
 Brij Bhushan Sharma v. State (NCT of Delhi), 2015 SCC OnLine Del 10488.
 Vishnu Kumar Tiwari v. State of U.P., 2017 SCC OnLine SC 1907.

 S.E.B.I. v. Sahara India Real Estate Corpn. Ltd., 2013 SCC OnLine SC 1378.
 K.S. Puttaswamy (Privacy-9J.) v. Union of India, (2017) 10 SCC 1.
 Tarun Jit Tejpal v. State of Goa, 2017 SCC OnLine Bom 9442.
 Nipun Saxena v. Union of India, (2019) 13 SCC 715.

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 1. INTRODUCTION

Media is the fourth estate of any government, and it stages a plethora of opportunities to
channelize information from various institutions to the general public. Media impacts the
quality of democracy and asserts its force by strengthening the quality of democracy. The
Indian judiciary acts by stepping in when there is a menace to the personal rights of the
individual or when the legislature or the executive ride roughshod over the citizens’ rights.
The constitution in its very core enunciates the accountability of the powers vested in the
hands of the government. Besides civil society, the judiciary and the media are powerful tools
to checkmate the power. The role of these two institutions are complementary but ironically
acquired adversarial roles. Both are required to protect the common man from the onslaught
of the state.

Every institution is liable to be abused and every liberty, if left unbridled has the tendency to
transform into a license that would ultimately result in anarchy. The misuse of media in the
administering of justice has desecrated the values enshrined in the constitution.

Through centuries the venue of administering justice has significantly shifted from the
courtrooms to the media. This shift is the new normal of the 21 st century. The various media
platforms have become a safe haven for those who abhorrently abuse and victimise those who
have acted against their religion without any concomitant worry. It completely overlooks the
vital gap between an accused and a convict keeping at stake the golden principles of
‘presumption of innocence until proven guilty’ and ‘guilt beyond reasonable doubt’. At
times the people’s verdict precedes even before the court has taken cognizance of the matter.
These prejudices the public and also the sometimes the judges while announcing the verdict
and at times has even resulted in the convicting the innocent.

Hence in an attempt to restore equity and justice there must be fair check of the media by the
judiciary and judiciary by the media

2. RESEARCH QUESTIONS

The researcher seeks to answer the following questions in the due course of her research

 What is media trial and how has it evolved through time?

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  What are common dilemmas with regard to exercising the freedom of speech and
expression by the media and practising responsible journalism?
 What are the implications of the media trial on the judiciary
 What are the limitations and challenges of the media trial?
 How does media create an obliterate identity?
 What can be done to keep a check on the media?

3. FORMULATION OF HYPOTHESIS:

The researcher has framed the following hypothesis after a brief background check of the
materials concerned with the topic:

‘The media has incarnated itself into a courtroom thereby pronouncing verdicts of the cases,
accusing an individual and becomes an obstacle to the fair trial in the actual court’

4. OBJECTIVES OF THE STUDY:

The minor research undertaken by the researcher aims not only to understand the nature of
the media trials but also critically analyse several cases where media has played positive and
negative roles. The conflict between the fundamental right of free speech and the ways to
keep checks and balances on what is reported by the media is also an issue that the researcher
has tried to highlight in the due course. The main objectives of this study are as follows.

(i) To understand the nature of media trial and its influence on the judicial trail
(ii) To study the conflict of the right to free speech and freedom of the press
(iii) To analyse cases that were driven by the media trial
(iv) To ascertain the possible reasons for the changing roles of the media
(v) To examine the limitations and challenges of the media trial
(vi) To find and suggest the probable solutions to balance the content broadcasted by
the media while keeping in mind.

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5. SIGNIFICANCE OF THE STUDY:

In India media serves as the main source of information to the public. It also serves as a
medium of connecting the government and the people. People become aware of the various
policies, rules and government decisions and the people’s opinions and grievances on the
government policies and administration are also brought to the government’s notice.

Over the years we have been witnessing the changing roles of media from conveyors of
information to the public to the judges who conduct certain sting operation and try solving a
case even before the proceedings in the court has begun. This has both positive and negative
effects. There are certain cases where the interference of the media has resulted in timely
administration of justice to the victim. On the other hand, there are several cases where the
intervention has ruined the lives of people, created chaos and influenced the judges and the
court while addressing the problem.

There have been attempts to frame a policy to regulate the content that is reported or
broadcasted by the media. This has always opened a debate on the right to freedom of speech
and expression and freedom of the press to report news independently without any stringent
censorship.

The current research has been carried on the same footing wherein analyses the various
media trials and points out the limitations and challenges associated with it. The research
aims to highlight the various loopholes in judicial trials and media trials. At the same time it
will hint at the possible solution to this predicament.

6. SCOPE OF THE STUDY:

The paper aims to examine the importance of a fair and unbiased trial that will serve justice
to individuals and society in a wider spectrum. The current research also aims at reiterating
the need to effectively adopt the existing rules to protect the interests of the individual against
the trial of the media. Though the primary focus is on the media trial, the fundamental rights
and the other provision of under the various acts and legislation has also been considered in a
broader perspective.

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Though this problem persists in many countries of the world, the scope of this study is
limited to the Indian scenario.

7. RESEARCH METHODOLOGY:

The researcher has primarily resorted to a doctrinal method of research. Doctrinal research
encompasses the reference and analysing of the existing sources and data such as the statistics
and the laws and how they impact the other. The current research is based on the existing
cases and laws. the researcher believes the doctrinal method of research is best suited to a
topic like this.

The researcher has not limited the research to the mere analysis of the existing primary
material but also relied on the secondary and tertiary data to give a different perspective of
the topic.

8. SOURCES OF DATA:

The researcher has depended on the primary and the secondary data to carry out the research.
Primary sources referred include Acts, Constitution, Law Commission Report, Policies,
Government Website and Statistics and several case laws.

To widen the understanding of the topic, various journal articles and newspaper articles
which provided comprehensive commentaries on the various aspects relating to the research
subject.

9. LITERATURE REVIEW

The current research incorporates many cases and statutes to substantiate the arguments
presented. The researcher has referred to several journal articles, op-eds and newspaper
articles to develop her arguments. Few of them are as follows:

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Jessica Lal Murder Case1 the Priyadarshini Mattoo2 Murder has helped the researcher to
analyse the positive impact of the media in the administration of Justice. On the other hand,
the Aarushi Talwar Murder Case3 and the Khurshid Anwar case has highlighted the toxic
intrusion of the media that has ruined the lives of the people.

Various newspaper and journal articles have also been referred by the researcher. Following
are the journal and newspaper articles:

“Media And Judiciary: Revitalization Of Democracy” 4 by Sudhanshu Ranjan : This Article

has given a the researcher a comprehensive understanding of what the media trial is and its
nature. It also highlights on the changing role of the media and how it has effected the society
at large.

“Trial by Media- The Jessica Lal Case” 5: This article has the researcher to critically examine
the facts of the case. It has also given a insight to how the media can play varied roles in
administering justice to the individuals and the society.

“What Is Stopping Our Justice System From Tackling the Cases Pending Before Courts?” 6
by Justice Madan Lokur has given a lucid explanation to the various obstacles and challenges
faced by the Indian Judiciary. It has also helped the researcher substantiate the arguments by
giving the statistical data of the proportion between the number of judges appointed to the
number of cases pending before the court.

1
Manu Sharma v. State (NCT of Delhi), (2010) 6 SCC.

2
State(Through CBI) v. Santosh Kar Singh, 133 (2006) DLT 393.
3
Rajesh Talwar (Dr.) v. Central Bureau of Investigation, 2013 SCC OnLine All 5533.
4
Sudhanshu Ranjan, Media And Judiciary: Revitalization of Democracy, 57 JOURNAL OF INDIAN LAW
INSTITUTE 415, 426-427 (2015).
5
Navajyoti Samanta, Trial by Media- Jessica Lal Case, UNIVERSITY OF SHEFFIELD, 1-6 (2008).
6
Madan B Lokur, What Is Stopping Our Justice System From Tackling the Cases Pending Before Courts, THE
WIRE (MAY 2021), https://thewire.in/law/india-judiciary-pending-cases-supreme-court.

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WHAT IS A MEDIA TRIAL?

Over the past decade, Indian media has developed as the primary source of information to the
layman. The term media encompasses a plethora of platforms and mediums such as
magazines, newspapers, news channels and other vernacular means of newsgathering. The
digital platform such as social media, electronic media has augmented the scope and reach of
the media. The media functions as the fourth estate of the government, the other three pillars
being the legislature, executive and the judiciary. The government is constantly under the
scrutiny of the media and hence media channelises the government and the citizens of the
nation. The media being exalted with the status of the fourth estate of the government, is also
under the arrows and slings of scrutiny. 7 But very often the credibility of the media is
questioned. Hence the people become very sceptical about the media and the information
obtained through them. This allows posing two questions. One is that, how far is the media
working independently without any political affiliation? Two, is the media transparent or is
there any opacity and filtration in the information provided to the public?

The ethics, objectivity of reporting and personal elements should be taken into cognizance
while analysing an institution like media. It would be naïve to make a statement that a
reporter should remain detached, in matters concerning the national and the public interest.
However, the common notion is the plummeting of the media in the wrong direction makes
us question the quantum of truth that is being dished out. Since the information provided is
likely to shape and influence public opinion and subsequent reactions, it becomes very
important for the media to project accurate and unbiased information. Instances of communal
riots have seen the government curbing the freedom of the press and media on the grounds it
is essential for maintaining peace.

Media serves as a platform to provide information about national and international matters to
the public and functions as a platform for people to voice their opinions and grievances. In a
number of cases, the Supreme Court held that the riots should be curbed not the freedom of
the media and press. With the advent of the increasing communal riots, sexual offences and
terrorism there is a colossal change in the approach. Due to several vested interests and
nefarious favours, there has been distortions and manipulations of the facts apart from the
moral and ethical aspects.

7
Marcy Wheeler, How Noninstitutionalized Media Change the Relationship between the Public and Media
Coverage of Trials, DUKE UNIVERSITY SCHOOL OF LAW- JSTOR 135, 137-138 (2008).

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In the past few years, the media has played the role of the public court and actively
participated in influencing the court proceedings. It has also accused and victimised the
persons by presuming the innocence of a particular individual and evidencing the guilt
beyond a reasonable doubt8. In a nutshell, this is a media trial, where it conducts a separate
investigation even before the court takes cognizance of the case. This eminently shapes the
public opinion and rarely the judges too. This may sometimes result in chastising and
penalising the victim wherein the criminal is left free without any charges and punishment.
Excessive publicity about the suspect in the media before the judicial trial takes place may
result in prejudicing about a particular person and matter. This is an undue interference of
media in the administration of justice, thus resulting in the issuing the contempt of court
countering the media.

The trial by media also obstructs the delivery of justice in the court of law in matter sub
judice. In past, the cases like the Jessica Lal murder, Aarushi Talwar murder, Nirbhaya rape
case have seen the media trial. Media takes the role of adversary and by discussing the matter
in the public domain it pronounces the verdict even before the court takes a step. Thus it
allows us to question and purport the degree of healthy interference by the media. At the
same time, we cannot unsee the sterling work of media as they unravel the wrongdoers and
play a role as conscious keepers.

MEDIA AND THE FREEDOM OF PRESS

There are challenges to regulating the content given out by the media, but this should not be
an alibi or an excuse to scuttle and stifle the freedom of speech and expression that is equally
granted to the media and the press. Though there are a few shortcomings, the media serves as
an effective means to convey information to people across the globe. Over time there has
been a frantic effort by the government and few “influential” sectors of the society to curtail
the freedom of speech and expression granted to the media. Though constitutionally the
censorship has remained quite liberal, the media is facing a lot of obstacles in practising free
journalism. The court has also begun taking a dim view of the media trials. The 200 th report
of the Law Commission has proposed the formulation of law to bar the media from reporting
anything that is prejudicial and causes.

The Law Commission has put forth the following recommendations9:

8
Mohd Aqib and Utkarsh Dwivedi, Judiciary and Media Trial: A Need for Balance, 5 INDIAN JOURNAL OF LAW
AND HUMAN BEHAVIOUR 155, 156-157 (2019).
9
Law Commission of India, 200th Report on Trial by Media Free Speech and Free Trial 1973 (August 2006).

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 1) To put an injunction to the publication of content that prejudices the public and the
court’s opinion.
2) The criminal case against a person should commence from the time of arrest and not
file the charge sheet. The rationale behind this was to avoid the prejudging of the
case.
3) The High Court should have discretionary power to delay the publication and
telecasting of the criminal cases thus prohibiting the media from restoring to such
publication or telecast.

The Article 19 (A)10 in Part III of the constitution guarantees the freedom of speech and
expression to all Indian citizens. In its wider scope, this right is also granted to the press and
media with certain reasonable restrictions. In the Romesh Thappar v State of Madras11, the
court emphasised the fact the freedom of speech and expression though not laid down directly
impliedly confers the freedom to propagate ideas and also the freedom to circulate.

In the case of Brij Bhushan & Anr. v. The State of NCT of Delhi 12 the court held that by
imposing pre-censorship on a journal, it would limit the liberty of the press which is a
significant component of the freedom of speech and expression.

When media is being granted the freedom to voice their opinion, it also brings a lot of
responsibility on them to give out verified and reliable information. At times the media trials
linger into spreading fake news which adversely affects the proceedings of the case.

MEDIA TRIAL AND CONTEMPT OF COURT

Contempt of Courts Act, 197113 classifies contempt under criminal and civil heads. This
legislation is well comprehended and is enacted to uphold the dignity of the courts and filter
the obstacles that hinder the administration of justice. Contempt of court encompasses any
person or publication that tends to lessen the authority of, tarnish the dignity of the court,
intervene in the process of justice and the lawful processes of the court.

The Act also contains the rules and the provisions which maintain a balance between the
press freedom, the Contempt of Court, the approach of the judiciary to the press freedom and

10
INDIA CONST. art. 19, cl. 1.
11
Romesh Thappar v. State of Madras, 1950 SCR 594.
12
Brij Bhushan Sharma v. State (NCT of Delhi), 2015 SCC OnLine Del 10488.
13
Contempt of Court Act, 1971.

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the prevention of wrongful interference by the media in the administration of justice hence
the protection of the judiciary. Certain reasonable restrictions are put by the Constitution of
India on the freedom of speech and expression if it leads to contempt of the court. This
provision prevents the staining of the dignity of the court. This act is an exception to Article
19(1)(a)14 of the Indian Constitution. The freedom of speech and expression must not be an
excuse or license to give out irresponsible statements that bring disharmony in society.
Article 21515 and 12916 empowers the High Court and Supreme Court to deter the person for
the Contempt of Court. The main aim of this legislation is to shield the fair trial from any
external undue interference avoid any prejudice or bias and a fair opportunity to be heard and
defended. This enables the court of law to maintain the rule of law.

CHALLENGES FACED BY THE JUDICIAL TRIALS IN INDIA:

Delay in the delivery of justice:

There has been a failure to deliver justice expeditiously. This delay is one of the major
drawbacks of the Indian judiciary. This implies the delay to dispose of the cases.

“On Manpower planning in Judiciary: A Blueprint (1987)”17 made an observation which said
that total strength of judges was inadequate for such a large population and the increased
number of crimes and other cases that are being filed in the court. The delay in justice almost
amounts to injustice. The Vishnu Tiwari18 case is an example for the delayed justice. He was
found guilty of rape and sentenced to prison in 2001. After spending twenty years in the jail
he was held acquitted from the charges and held not guilty. The High Court of Allahabad
held that:

“We are pained to mention that even after 14 years of incarceration, the
State did not think of exercising its power for commutation of the sentence of life
imprisonment of the present accused. His case should have been considered but
has not been considered .”

14
INDIA CONST. art. 19, cl. 1.
15
INDIA CONST. art. 215.
16
INDIA CONST. art. 129.
17
Law Commission of India, 120th Report on Man Power Planning in Judiciary: A Blueprint 1987.
18
Vishnu Kumar Tiwari v. State of U.P., 2017 SCC OnLine SC 1907.

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the reason for the delay in justice is inversely proportional in the number of cases filed to
the number of cases disposed of. The following table shows the number of vacant posts of
the judge. The table below gives a brief idea of the time required to adjudicate a few cases:19

1st HC Sanctioned HC HC DC DC DC
Jan pendency judges vacancies pendency judges vacancies

726
2006 3,521,283 154 25,654,251 14412 2730
(1.4.06)

2007 3,654,853 726 115 25,079,618 14679 2722

2008 3,743,060 877 284 25,418,165 15917 3393

2009 3,874,090 886 280 26,409,011 16685 3129

2010 4,060,709 895 265 27,275,953 16880 2785

895 291
2011 4,249,344 27,751,181 16949 2986
(1.2.11) (1.2.11)

2012 4,327,746 895 274 26,986,307 17945 3670

2013 4,436,915 895 281 26,951,461 17715 3362

2014 4,456,232 906 266 26,839,256 19238 4296

19
Id. at 6.

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 2015 4,143,803 982 350 26,488,408 20174 4589

2016 3,849,680 1018 420 27,100,951 20620 4501

2017 4,028,591 1079 427 28,248,117 21578 4917

2018 4,243,988 1079 403 28,696,041 22704 5676

2019 4,448,899 1079 389 30,003,895 22999 5045

2020 Not Available in Court News

Today 5,754,457 1080 411 38,153,806 Not available

As per the data given by the Performing Right Society (PRS) Legislative Research
about 4.5 crores of cases are pending in the courts all over India. the shortage of
judges to decide on cases is also one of the hindrances to the administration of
justification. Studies show that 42% of the total posts sanctioned in the High Court
remain vacant. 20 The High Court of Patna, Rajasthan, Odisha, Delhi and Telangana
had more than 50% vacancies in the post. 21
Strikes by the lawyers for various reasons is also a reason for the piling up of cases.
Lawyers hesitate to take up the cases if the party is not able to pay their fees. Hence
justice is denied to the poor who are not able to pay the fees of the lawyers.
The judiciary is exempted from the Right to the Information Act 22. The citizens are
kept from what happens in the courtroom and the accountability of the court is

20
PRS legislative available at https://prsindia.org/policy/vital-stats/pendency-and-vacancies-in-the-judiciary.
21
Id. at 20.
22
Right to the Information Act, 2005.

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 minimum. The lack of transparency of the judiciary leads to a lot of scepticism in
the general public of the quality of justice and the administration of justice.
Thus the media served as means to question the accountability of the judiciary.
Eventually, it even began conducting trials independently doing sting operations
which came to be known as the media trials

Following are a few cases that were driven by the media trial

1) JESSICA LAL MURDER CASE23:

Brief Facts Of The Case: Jessica Lal was a model who was shot dead by Manu
Sharma, the son of a powerful politician in Haryana. Due to the association with a
politician, the investigation was corrupt and inept. The court held Manu Sharma and
his friends guilty of murder. Later the table turned when the four witnesses to the
murder turned hostile. Thus it was speculated that the witnesses might be under threat
or some political pressure.
It was also observed that judgement throughout hinted that there might have been an
attempt by the prosecution to fabricate and manipulate the evidence and also present
false witnesses so as to make it evident that the case may be indefensible. Thus the
verdict pronounced the accused to be innocent and also accused the police for framing
the accused.
This led to widespread agitation among the people who followed the judgement.
They took to SMS and emails to file a petition against the judgement. This petition
was forwarded by the newspaper, media to the President and other politicians alleging
that there was a miscarriage of justice and seeking an adequate remedy. The
Hindustan Times newspaper conducted a poll and the result of the poll showed that
only 2.7 of the public on the scale of 1 to 10 had faith in the enforcement of law in
India. Newspapers splashed headlines such as “No one killed Jessica”. Due to this, the
pressure of the public built up. the police inspector in charge of the investigation was
transferred. The aftermath of the public outrage, leading to the Delhi Police appealing
against the acquittal in the High Court of Delhi. The Delhi High court reversed its
order thereby the application by the prosecution for the additional evidence that was
introduced.

23
Id. at 1.

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 PRIYADARSHINI MATTOO CASE:24
Priyadarshini Mattoo was a law student who was raped and murdered at her uncle’s
house in New Delhi. Prior to her murder, she had already made complaints against the
murderer, who came from an influential family, but they were absolutely futile the
accused was never deterred.
In the trial court, after taking into account the documentary and circumstantial
evidence that the prosecution produced, the accused was acquitted giving the
advantage of doubt stating. There was a massive public outcry following the
fallacious decision. Thus the Central Bureau for Investigation i.e. the CBI filed an
appeal to Delhi High Court. The High Court overturned the decision of the trial court
holding Santosh Kumar guilty of murder “beyond any doubt of unimpeachable
evidence”25

AARUSHI TALWAR MURDER CASE26:

Aarushi Talwar a thirteen-year-old girl and Hemraju a live-in Domestic servant were
murdered in her home. This has been a sensational case not just due to the botched up
and tardy investigation but also due to the media involvement. Three teams were put
up for the probe into the case two from the Central Bureau of Investigation and one
from the Uttar Pradesh police. Unfortunately, the investigation was ceased citing the
lack of sufficient evidence. The media viciously accused the parents of the girl of her
murder. This led to the character assassination of her parents which to date is
irreparable. The media alleged that her father had extramarital affairs, false rumours
that Aarushi was an adopted child were spread. Her parents were demonised saying
that they were not mourning and did not grieve enough in front of the TV. Such a case
of media trial justice is not merely denied but also deplorably derailed by making a
tragedy a sensational drama.27

SAHARA INDIA REAL ESTATE v SEBI28:

This case is also known as the media guidelines case. In 21012, a constitution bench
of five judges was constituted by the Supreme Court of India to give their opinion on

24
Id. at 2.
25
Arun Singh and Anil Kumar, Media Trials in India, Noida International University, 6 (2014).
26
Id. at 3.
27
Id. at 25.
28
S.E.B.I. v. Sahara India Real Estate Corpn. Ltd., 2013 SCC OnLine SC 1378.

16
 whether the rules should be framed by the court with respect to the reporting by the
media of the cases under trial or reporting the cases which are still pending to be
heard by the court. A private television channel leaked the communication about the
settlement proposal that was exchanged between the advocates of the two sides in an
unauthorised manner. An order was thus passed by the Supreme Court of India saying
“We are distressed to note that even without prejudice proposals sent by the learned
counsel for the appellants to the learned counsel for SEBI has come on one of the
television channels, such reporting by television channels not only affects the
business sentiments but also it interferes with the administration of justice ”29. The
counsel of both sides were ordered to make an interlocutory application in the court
which would enable tp court to pass appropriate orders in respect to the broadcasting
of sub judice matter which is still pending in the court. The Sahara Real estate filed a
complaint against the news channel about the unauthorized broadcast in television. On
behalf of the journalist and media houses, a debate on media broadcasting and
reporting was opened by the Supreme Court. This mysterious leak of information by
the media triggered the issue of confidential exchange between the lawyers. This
further snowballed into a major debate on the need to rein the media with appropriate
guidelines and rules plus the media transgression. The supreme court held that there
are several cases where interference by the media through reporting and broadcasting
will lead to the miscarriage of justice. At the same time, the Supreme Court also took
into cognizance the media’s right to report the proceedings of the case and
developments in the case.

KHURSHID ANWAR CASE:

Khurshid Anwar was a fifty-five-year-old social activist who was accused of spiking the
drinks and subsequently raping a young woman. While broadcasting the interview with the
young woman who accused Khurshid Anwar of rape the channel used words such as “India
TV ladega iss ladki ko insaaf dilaane ki jung” and “Iske saath ku karm karne waale ko
inzaam tak pahuchaye”. The next morning Anwar committed suicide. The interview with the
woman was the last straw that was responsible to push him over the brink. Labelling him as a
rapist on the basis of an immature judgement ultimately led to him taking his own life. This
was a clear instance of shifting the courtroom trial to the living room but the principles of the
29
Sanatan Deshpande and Priyank Jagawanshi, A critical analysis of media trial and its effect on Indian
judiciary, 6 INTERNATIONAL JOURNAL OF RESEARCH AND ANALYTICAL REVIEW (IJRAR), (2019).

17
trial which include innocent till not proven guilty and proving beyond reasonable doubt
overlooked.

LIMITATIONS AND REPERCUSSIONS

Thus the media helps to create awareness in the public regarding the various problems and
amplify their voice by reporting them on their platform. At the same time, it also reincarnates
itself into a courtroom. Investigatory journalism can be both a blessing and a detriment to
society. The term investigatory journalism encompasses revealing concealed matters
accidentally or deliberately through persuasive methods by someone in the power position.
The major drawback of this kind of journalism lies in its very nature i.e., it is secretive,
deceitful and also predatory. It traps the individuals and persuades them to disclose
confidential and personal information.
In the case of Jessica Lal and Priyadarshini Mattoo, the media has played a positive role by
raising voices against the decision given by the court. On the other hand, it also lead to the
character assassination of Dr Rajesh Talwar, Aarushi Talwar’s father based on certain
assumptions and no evidence.
The K.S Puttuswamy and Anr. v. Union of India 30 case paved for the recognition of the Right
to Privacy as a fundamental. Often media is insensitive to the accused and puts them on a
pedestal of doubt without any valid evidence. This leads to the invasion of the party’s privacy
which is guaranteed under Article 21 of the constitution. Though the right to privacy is
legally backed there are many instances where the media has blatantly invaded the privacy of
individuals. The greed for a fancy TRP leads to the infringement and abusing the privacy of
the people, especially celebrities. The case recent case of Sushant Singh Rajput lead to the
false accusation of his rumoured girlfriend, Rhea Chakraborty.
The recent case of Tarun Tejpal also known as the Tehelka case31 in which due to some
“sensationalism took the suo motu cognizance of the case”. An email of complaint was
leaked to the media.
The media trials also play a major role in tarnishing the image of the accused thereby
faltering his Right to Reputation. The accused is pushed towards individual guilt before the
court by the usage of innuendoes and slanderous statements. This can make his survival
difficult even after the acquittal. It also polarizes the public sentiment against the accused. It

30
K.S. Puttaswamy (Privacy-9J.) v. Union of India, (2017) 10 SCC 1.
31
Tarun Jit Tejpal v. State of Goa, 2017 SCC OnLine Bom 9442.

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adversely affects the functioning of the judiciary system by planting seeds of doubt in the
people’s minds about the judgement given. This distorts the independent functioning of the
judiciary.
The trials by the media especially in sensitives of sexual offences have proved to be
belligerent to the survivor and also the accused. The private life of the individual when put on
a public platform that has more than lacks viewers can add to the mental trauma experienced
by the victim. Section 228 of the Indian Penal Code32 put a prohibition on the disclosure of
the Survivors identity, yet the media acts irresponsibly by investigating doing the same. This
was seen in the Nirbhaya rape case, where the photograph and the name of the victim were
circulating in the media and other platforms. The case of Nipun Saxena & Anr. v Union of
India & ORs33. dealt with the issue of revelation of the survivor’s identity. The judgement
said that
“No person can print or publish in print, electronic, social media, etc. the name of the
victim or even in a remote manner disclose any facts which can lead to the victim being
identified and which should make her identity known to the public at large. The bar extends
to anything which can even remotely be used to identify the victim”.
Despite the rules of the law, there have been plenty of cases where the photographs and
identity of the survivor have been revealed to the public.
The media places the verbatim form of the victim’s initial statement in the public domain.
The mental condition of the victim may not be relied upon at the time he/she gives a
statement due to the amount of shock and trauma the person is in. Certain facts may be
assumed and few may be omitted which may alter the actual facts of the incident which may
be made available to the public. At the time of actual trial, if the initial statement is altered by
the victim, the judgement could be pronounced against him or her as the defence can allege
the victim to be manipulative and untrustworthy. The public statement made by the victim in
front of the media can be used in the trial against the victim if there are any contradictions.
Thus, a crucial testimony can be lost.
Media serves as a bulwark for the public and play an important role in shaping public
opinion. It wields a certain extent of power on the public. When the media creates certain
inadmissible evidence and produces it to the public it denunciates the alleged accused. When
an uncorroborated testimony was produced to the police in the Khurshid Anwar case it lead
to bias in the public opinion. When the media produces some inadmissible evidence that does

32
Indian Penal Code, 1860, § 228, Act No. 45 (1860).
33
Nipun Saxena v. Union of India, (2019) 13 SCC 715.

19
not go in hand with the Evidence Law it draws the judges attention to those matter which is
not valid in adjudicating the case. These might also sway the judge’s decisions. There are
instances where the Supreme Court has relied on the “society’s cry for justice” test. The
media’s portrayal of an incident has also been implicitly relied on by the court to assess the
public opinion on that matter. This was seen in the case of KM Nanavati v. State of
Maharashtra34 where the sensationalism by the media resulted in the portrayal of the accused
as the victim. Thus it significantly prejudices the public’s opinion and also the judicial
decision against a person.

THE NEED FOR RECTIFICATION:

Through the years there has been debate on the imposition of the censorship of the media.
Judges should be cautious, balanced and not easily get swayed by the reports of media. The
remedial measure to this must begin with creating awareness of accountability and lapse.
There often lies an ambiguity of the ownership of the media and other agencies. Many media
houses are funded by the political parties and act as their representative. Thus a more biased
reporting is seen in such channels and newspapers. The media should act without any
political bias and prejudice. Transparency will help establish a more neutral image to the
public.
The media houses and journalists today, breach the statutory legal provisions and the rule of
law. the intricate details of the case are given out to give a face and add spice to the story and
gain more viewership. The media house reporting crime must have prior knowledge of the
existing laws and adhere to the criminal manual. the media should act within its limits and
allow the established legal procedure to take its own course. The media should not give out
judgements based on shallow presumptions and evidence which will result in framing the
person as innocent or guilty.
The media should strictly adhere to the “Code of Ethics and Broadcasting Standards
Regulations” while reporting and Broadcasting.
Ensuring that all the newspapers and media houses are following the provisions of the
“Programme Code” prescribed under the “Cable Television Networks (Regulation) Act,
1995” is a method to maintain the balance on the content.

34
K.M. Nanavati v. State of Maharashtra, 1962 Supp (1) SCR 567.

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CONCLUSION:
The media has a moral duty to carry out responsible journalism without being biased and
prejudiced. It is considered the cornerstone of the government as well as the society. hence its
objective should be to work for the greater interest of society. The laws governing the
freedom of press must be in such a way that it doesn’t inhibit the freedom of speech and
expression at the same time instil a sense of consciousness of the wellness of the society. the
right to fair trial which comes under the ambit of Article 21 of the Constitution must be
upheld.

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REFERENCE:

 Sudhanshu Ranjan, Media And Judiciary: Revitalization of Democracy, 57 JOURNAL

OF INDIAN LAW INSTITUTE 415, 426-427 (2015).
 Navajyoti Samanta, Trial by Media- Jessica Lal Case, UNIVERSITY OF SHEFFIELD, 1-
6 (2008).
 Madan B Lokur, What Is Stopping Our Justice System From Tackling the Cases
Pending Before Courts, THE WIRE (MAY 2021), https://thewire.in/law/india-judiciary-
pending-cases-supreme-court
 Marcy Wheeler, How Noninstitutionalized Media Change the Relationship between
the Public and Media Coverage of Trials, DUKE UNIVERSITY SCHOOL OF LAW-
JSTOR 135, 137-138 (2008).

 Mohd. Aqib and Utkarsh Dwivedi, Judiciary and Media Trial: A Need for Balance, 5
INDIAN JOURNAL OF LAW AND HUMAN BEHAVIOUR 155, 156-157 (2019).
 Law Commission of India, 200th Report on Trial by Media Free Speech and Free Trial
1973 (August 2006).
 Law Commission of India, 120th Report on Man Power Planning in Judiciary: A
Blueprint 1987.
 PRS legislative available at https://prsindia.org/policy/vital-stats/pendency-and-vacancies-in-
the-judiciary.
 Arun Singh and Anil Kumar, Media Trials in India, Noida International University, 6 (2014).

 Sanatan Deshpande and Priyank Jagawanshi, A critical analysis of media trial and its
effect on Indian judiciary, 6 INTERNATIONAL JOURNAL OF RESEARCH AND
ANALYTICAL REVIEW (IJRAR), (2019).

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