Published Paper
Article Details
AUTHORED BY - SUNITA CHOUDHARY
ABSTRACT
In the 21st century, media
plays a vital role in the general public’s day-to-day life. In India, media
derives their rights from Article 19(1)(a) of the Indian Constitution and they
take up the responsibility of making people aware of the things happening at
the national as well as the international level. But what happens when in the
process of spreading awareness, media affects the lives of people and creates
hurdles in the delivery of justice? Media creates complexities when they
conduct ‘trials’ through their television and newspaper coverage even before a
person is proven innocent or guilty. This act of media not only affect the reputation
of the individual but also hampers the fair trial by the judiciary. In recent
times, there have been numerous cases where the media trial has been conducted,
passing their verdict before the court gave the judgement. In light of all these
media trials taking place across the country, this paper intends to bring out
from where the media derives their power to conduct these trials. The paper aims
at showcasing the effect of media trials on different entities of society. The stand of the judiciary as well
as a few of the recent cases which underwent the process a of media trial will
also be discussed in this work.
Keywords: Constitution, Article 19(1)(a), media
trial, delivery of justice, fair trial, judiciary.
In a democratic country like India,
media acts as the fourth pillar after legislative, executive and judiciary.
However, at times the media conducts trial which acts as hurdles in the process
of fair trial.
·
Does
trial by media creates interference in the fair trial?
·
What
is the international perspective when it comes to trial by media?
This research work reflects a
descriptive and analytical approach throughout the research paper as it talks
about how media trial takes place and analyses the consequences that follow such
trials . The doctrinal methodology is used for the doing the research work. The
data used in this research paper is collected from secondary sources like
books, journals, and the internet.
In this article, the author gives a
small glimpse of how prior to 2012, the judiciary has failed to curb the ills
of the media trials and how it plays a role when it comes to public awareness.
The article is concluded with the idea that the judiciary is more concerned how
its image is portrayed in the media rather than taking measures to curb media’s
excess freedom. In the course of maintaining its image, the judiciary is giving
more and more freedom to the media.
The author however, fails to bring
out the instances and judgements where the judiciary clearly states that media
has to follow the guidelines when they are exercising their Freedom of Speech
and Expressions. The Supreme Court in the case of State of Maharashtra v.
Rajendra Jawanmal Gandhi held that the trial held by media is against the rule
of law and may lead to miscarriage of justice.
The author magnificently brings out
the harm that media trial often causes to the Indian democracy. The article
highlights numerous harmful effects that takes place due to media trials.
However, the author misses out on few
of the very important points like instigating hate and violence, invasion of
the privacy of the individual, etc. Often fake news circulated by the media
during the trial can lead to instigation of hatred in the minds of general
public against the accused or the victim. Also, publishing personal information
of the victims and accused during trial by the media is a clear violation of
their privacy.
The article very precisely depicts
the consequences of the media trials which are more often negative than
positive. The author talks about the media’s resentment against sub judice and
suggests that this concept should be liberalized by only revoking it in the
cases where there is an obvious intent to influence the general public.
However, the author fails to
recognise the problem that it is not possible in every case to find whether the
intent to influence was really there or not. Even when the strict
interpretation of sub judice is present, the media trials are
uncontrollable then what will be the scenario if the concept is liberalised.
In this case, the Kerala High Court
held that the there are certain fields like ongoing investigations, court
proceeding and criminal trials in which the media cannot be given freedom to
speculate. Such speculations and trials by media results in derogation of the
Indian justice system. The High Court states how the reports and telecast by
the media creates a prejudice against the parties and the court, resulting
hampering the course of justice.
Even though the court correctly
points out the harm media trail is causing, it fails to provide any remedy for
stopping such trials. The court only observes the fact that interference is
being caused in the course of justice but does not expressly anything to stop
the same thus, not making any strong impact against the practice of trials by
media.
·
Dr. Jasneet Kaur Walia & Parvinder Kaur, “Media Trail in India:
Negative and Positive Aspects”, Law & Media, pp.144-155, 2019.
In this article, the author traces
the history of media trial in India, starting from the British era till the 21st
century. The article talks about the international as well as the national
safeguards available against the media trial. There are several Articles under
UN Basic Principles on the Independence of the Judiciary and International
Covenant on Civil and Political Rights, which provides rights like fair
judicial proceedings, fair and public hearing by impartial tribunals and
freedom of expression. When it comes to India, apart from Constitution there
are several Acts like Law of Contempt, Copyright Act, Official Secrets Act,
etc. which have several provisions which implicates the freedom of press. The
positive and the negative aspects of the media trail in a country like India is
also listed in the article.
The author explains the whole concept
of the media trail with the help of numerous case laws. However, the chapter
fails to cover regarding how the such trails by media creates a pressure and
subconscious influence on the judges. Another loophole in the chapter is that
it only speaks from one point of view, completely disregarding what are media’s
contentions on the topic.
·
Dr Charanjiv Singh & Rajit Kaur, “Impact of Media on the Proactive
Role of Judiciary”, Law & Media, pp. 62-69, 2019.
The author starts off the article by
highlighting how the media at present, has become such an important part of the
general public’s day to day life. The media helps in bringing justice to
deprived and the poor as well as at times creates problems in imparting the
justice. The author has pointed out both the negative and the positive role
played by the media in relation to the justice delivery system in India. Throughout
the article, numerous cases are cited in which the media has played a vital
role in bringing the issue in light. Often due to the media coverage, it might
happen that the judges get subconsciously influenced as acknowledged by the
Apex Court in the case of Reliance Petrochemicals v. Proprietor of Indian
Express[5]. The article is then concluded by recognizing the
Constitutional provisions from where the media derives its freedom to press.
·
Madhavi Goradia Divan, “Trial by Media”, Facts of Media Law, pp. 465-483,
2018.
In this article, the author talks
about the impact of the media trails on the ongoing cases. The article takes up
famous cases in which the media either helped in delivery justice by bringing
out certain situations in light or which created problem in parting impartial
justice.
The article cites famous cases like
Jessica Lal Murder case, where the media brought into light the manipulation of
the trial through political influence which was going on in the case and helped
in the conviction of the accused. On the other hand, cases like Aarushi Talwar
case are also discussed where the media pried into the personal lives of Aarushi
and her parents.
·
Mona Goel & Rattandeep Kaur, “Integrity of Media in Trials in India:
A Critique”, pp. 167-174, 2019.
The author in the concerned article,
mainly talks about the legal provisions related to the media trial. The
Constitution of India, provides freedom of press under Article 19(1). It also
provides the Law Commission Report on Trial by Media, 2006 which highlighted
the advantages and disadvantages of media trial in the contemporary India.
The author concludes the article by
sowing the inter-relation between Right to Privacy and Freedom of Press and
points out how media trail acts as a peril when it comes to dispensation of
justice.
TABLE OF CONTENTS
|
Sr. No.
|
Topic
|
Page No.
|
|
1.
|
Table of cases
|
07
|
|
2.
|
Introduction
|
08
|
|
3.
|
Effects of media trail
2.1 On the judiciary
2.2 On the accused
2.3 On the
victim
|
09-11
|
|
4.
|
Prominent
cases of media
trial
3.1 The Nanavati case
3.2 Jessica Lal murder
3.3 Noida double
murder case
3.4 Sushant Singh
Rajput case
|
12-15
|
|
5.
|
Conclusion
|
16
|
|
6.
|
Bibliography
|
17
|
TABLE OF CASES
|
Sr. No.
|
Case Name
|
Citation
|
|
1.
|
T.N. Suraj vs. State of Kerala & Ors
|
WP (Crl.)
No. 346 of 2022 (S).
|
|
2.
|
Reliance Petrochemicals
v. Proprietor of Indian Express
|
1988(4) SCC
592
|
|
3.
|
Manu Sharma v. State (NCT of Delhi)
|
(2010) 6 SCC 1
|
|
4.
|
R.K. Anand v. Delhi High Court
|
(2009) 8 SCC 106
|
|
5.
|
Estate Corpn. Ltd. v. SEBI
|
(2012) 10
SCC 603
|
|
6.
|
Court On Its Own Motion vs State
|
146 (2008) DLT
429
|
|
7.
|
K. M. Nanavati vs State of Maharashtra
|
1962 AIR 605
|
|
8.
|
Sidhartha Vashisht Alias
Manu Sharma v. State (NCT
of Delhi)
|
(2010) 6
SCC 1
|
|
9.
|
Dr. (Smt.) Nupur
Talwar vs State of U.P.
And Anr,
|
(1984) 2 SCC 627
|
INTRODUCTION
In India, the influence and
importance of media have increased tremendously in the last few decades. The
reason behind the significant growth being the minimal restrictions and
regulations imposed on them. They do not have any express provision regarding their
rights in the Indian Constitution but derive them from Article 19(1)(a) which
talks about freedom of expression and speech.
The rise of media and its importance
has increased to the stage that now it has been considered the fourth pillar of
democracy after legislature, executive and judiciary. The media takes up the
responsibility of making people aware of the things happening on the national
as well as international platforms. They act as watch dog of the functionaries
of the society and make sure that everything comes into the light for the
public to be aware. At present, there are hundreds of news channels and
millions of newspapers being circulated in the country, which ensures that each
nook and corner of the country is conscious of the happening around them.
However, this is the good side of the media and there’s always two sides to a
coin. The media plays a vital role in moulding and influencing public opinion.
It has the power of changing and manipulating the general public’s opinion
about various events taking place in the country.
Over the past few years, the media
has been overstepping its boundaries and trying to invade the domain of the
judiciary by conducting parallel trials with the court. They have taken up the
job of conducting public court where they fail to recognise the concept of
‘innocent until proven guilty’. The media starts their trial even before the
actual trial takes place in the courtroom. They investigate the matter and
broadcast on their own which leads to the forming of public opinion only based
upon that broadcast. Soon, they give out their verdict even long before the
court comes out with their judgement. The media business is competitive and
they care a lot about television rating points. In order to achieve that and stay
ahead in the business, they often cross all the limits. This usually takes
place in high-profile cases where celebrities or politicians are involved.
It's undeniable that there are
certain cases where justice was served just because of how actively the media
worked. But, this cannot be used to justify all the other cases where the media
has also traumatised the involved in the case by conducting their own media
trial.
EFFECT OF MEDIA TRIAL
When a media trial takes place, it
affects not just a particular individual’s life but touches upon the lives of
everyone involved in the case. This leave an unforgettable mark on the lives of
people irrespective of the fact how exactly they were related to the case.
It is the duty of the judiciary to
find out who is guilty and who is not. However, often the media forgets this
fact and takes up the matter into their own hand by conducting a media trial.
The judiciary is primarily responsible for delivering justice without any bias.
When the trial by media takes place, it hampers this primary responsibility of
the judiciary.
When a high-profile or bizarre case
trial takes place in the court, the media swiftly starts collecting data
regarding the case. In the process of doing so, they not only create hurdles in
conducting fair trial but also leads to hampering of the evidence. The media
creates immense pressure on the judiciary by influencing public opinion during
the actual trial taking place on the court.
Just like any other normal human
being, the judges also may get subconsciously influenced by what is being
portrayed by the media. This may happen because of the mental pressure the
judges are subjected to and the general public manipulation that happens due to
the media trial. If the judge does not give the verdict in the favour of the
publications, it leads to unnecessary public outrage against the presiding
judge and if he ends up giving the verdict in their favour, some people come up
calling it a bias judgement.
The Indian courts have realised and
acknowledged the danger of media trials in recent times. The former Chief
Justice of India C V Ramana, in one of his speeches, while addressing the high
court judges, judicial officers and law students spoke about the dangers of
media trials to the health of democracy. He pointed out how especially the
electronic media is affecting the independence of the judiciary. There are
numerous cases where the courts have expressly recognised the excessive
involvement of the media in the trials. The Supreme Court in the case of
Manu Sharma v. State (NCT of Delhi)[6], acknowledged and spoke about the dangers of a media
trial. It was observed that if the media exercised unrestricted freedom of
carrying out a parallel trial to that of the court, it will cause serious
prejudice. Again, in the case of R.K. Anand v. Delhi High Court[7],, the Supreme Court held that the
media and judiciary have separate spheres of functioning which do not overlap.
In Sahara India Real Estate Corpn. Ltd. v. SEBI[8], the court discussed judicial orders
restraining the media from reporting regarding certain matters to ensure the
proper administration of justice and fairness of the trial.
Once the case comes into the eyes of
the media and they identify the potential or the apparent accused, the media
trial starts. Even before the alleged accused gets a chance of availing a fair
trial in the actual courtroom, he/she gets subjected to the scrutiny of the
media and the general public. The media starts manipulating public opinion and
makes the life of the alleged accused unbearable. They start their own
investigation parallel to the court and bring all the personal information of
the person in from the world regardless of the fact whether it’s related to the
case in any manner or not. They make the person go through immense mental
trauma and hardship even before it is proven whether he is guilty of the
offence or not.
There are several cases where the
media ruined the lives of people by conducting media trials only in the end to
find out that they were innocent all along. In the Uma Khurana case[9], a sting operation
was conducted by India Live TV claiming a school teacher named Uma Khurana was
running a sex racket of students. After the news broke out, an angry mob
descended on the school attacking the teacher and even ripping her clothes.
Later, it was proved and decided by the court that the sting operation was
fake.
In the Rohtak
sisters’ case, a video went viral of two sisters beating boys with belts who
allegedly harassed them. the sisters were acclaimed for their actions while the
boys were shamed on TV. After some time, another video surfaced of them kicking
young boys' post which many people came forward claiming harassment by the
sisters. Not only young boys but many young girls also came forward and
testified being witnesses of young men being assaulted by the two sisters for
no fault of theirs. The boys were declared to be innocent by the court after
four years of the incident however, it was too late as their career was already
ruined by then.
Another such case
took place in the month of August 2012 when a journalist named Muthi-ur-Rehman
Siddiqui was arrested on terror charges with six others. They allegedly were
planning to target BJP politicians along with some other right-wing
organizations. Later in February 2013 all the charges were absolved by the NIA
court. By the time the verdict came out, he and his family were labelled as
terrorists by the media.
One of the most
hyped media controversies was the Jasleen Kaur- Saravjeet Singh case[10] of 2015. in
this case, Jasleen Kaur, a student in Delhi accused Saravjeet Singh of sexually
harassing her and posted his photo on her Facebook page in West Delhi along
with the narration of the whole harassment narration. The case became a big
controversial point regarding women’s safety in Delhi. Even the Chief Minister
of Delhi, Arvind Kejriwal has praised the girl for her bravery. Soon, media
channels started shaming and slamming Saravjeet publicly even after his
continuous denial of charges levied against him. Later on, he was arrested by
the Delhi police. In 2019, after almost four years of the incident, the charges
against Saravjeet were absolved by the Delhi court. By the time the verdict
came out, Jasleen Kaur had moved to Canada leading an unaffected life whereas
Saravjeet’s life was ruined because of the media.
The above-mentioned are a few of the many cases where media trials
wreaked havoc in people’s lives. In these cases, the media ruined the lives of
innocent people just because they did not wait for the court’s verdict.
2.3 On the Victim
The media often tries to take the
advantage of the victim’s situation to increase their television raying point
and viewership. They fabricate the incident to manipulate the public’s opinion
to provoke their sentiments and gain sympathy for the victim. They completely
lay down the victim’s life and story in Infront of the public to irk their
sentiments in favour of the victim.
As soon as the incident or case comes
to light, several media channels try to take exclusive interviews with the
victim to increase their channel value. During the interview, they often tend
to ask scandalous questions to the victim which may be completely irrelevant to
the case. just to create eye-catching headlines, they ask the victim for sensitive
details pertaining to the case which may lead to anxiety and affect their
mental health severely. Numerous news channels continue to force the victims to
interview and ask them to repeat the incident again and again which leads to
continued victimization. This is also a clear infringement of the victim’s
privacy.
PROMINENT CASES OF MEDIA TRIAL
This was the first-ever trial by the
media in India. In this case, Kawas Nanavati, a Naval commander, entered into
an expensive Bombay flat and shot three bullets into his wife’s lover Prem
Ahuja. Prem Ahuja died on spot.
K M Nanavati had to frequently stay
away from home due to his official duty and while he was away, his wife Sylvia
fell in love with Prem Ahuja. They started soon developed an illicit
relationship. Soon, on being asked whether she was faithful by Nanavati, she
shook her head indicating that she was not. Later on, Sylvia confessed to him
having an affair with Prem Ahuja which led to Nanavati storming out of the
house with his revolver. He then drove to Prem Ahuja’s home and shot him dead.
After this, he went and surrendered himself.
The case first went to the session
court where the jury trial took place and he was held not guilty of murder by a
majority of 8:1. Later, the case was referred to the division bench of the
Bombay High Court. The High Court observed that there was no presence of any
grave provocation on the part of Sylvia’s confession and Ahuja’s statement and
Nanavati was held guilty of murder. He was punished with life imprisonment. An
appeal was then made to the Supreme Court which stated that the murder was
intentional and predetermined. The Apex Court upheld the decision of the High
Court and the appeal was then dismissed, holding Nanavati guilty was murder.
This case was the last one to have a jury trial as after this the hurry system
was abolished in India.
During the time of the trial, a
journalist and editor named Rustom Khurshedji Karanjia founded the ‘Blitz’, a
Mumbai-based weekly newspaper. He published whatever news attracted the
public’s attention. He followed the method of investigating the news and then
making it dramatic and sensationalised. He saw a great opportunity of making
his newspaper famous in the Nanavati case and published the story in the paper,
praising Nanavati’s character. Through the story, he portrayed Nanavati as a
hero, Sylvia as a beautiful wife and Prem Ahuja as a playboy. This drew a lot
of public attention towards the trial. Soon, a huge crowd of people started
gathering outside the court during the trial to show their support for
Nanavati. The Blitz was created for influencing the jury for giving out the not
guilty verdict.
This case showed how the print media
influenced the opinion of the public and manipulated them by portraying
Nanavati as a hero. The media not only influenced the public but also the jury
members who were hearing the case.
After the release of Manu Sharma, the media actively started publishing
the matter and fearlessly claimed that Manu Sharma’s father was influencing the
case by misusing his power. Meanwhile, a newspaper called ‘TEHELKA’ conducted a
sting operation which revealed that Vinod Sharma bribed the prime witness
Shayan Munshi to not open his mouth in the court. Not only this, but the
channels also encouraged the general public to send texts and emails with their
views about the whole matter and started the media trial. Finally, in April
2010, the Supreme Court approved the sentence in the case and held Manu Sharma
guilty.
The Court held that in this case even though the media trial was
conducted but it did not affect the accused as such. However, the role of media
should be regulated and restricted so that they do not cause hindrances to a
fair investigation.
It attracted a lot of media coverage, both print as well as electronic.
Every newspaper, newspaper, and e-news was all flooded with news of Aarushi
Talwar’s murder. Aarushi’s dead body was found by her parents Rajesh and Nupur
Talwar and the main accused of the murder Hemraj was missing. However, on the
next day Hemraj’s was found dead on the terrace. Then the police accused Rajesh
Talwar as the prime suspect on the suspicion that he has killed both of them
after discovering them in a ‘compromising’ position. Soon, the case was
transferred to CBI, who initially declared the parents innocent and suspected
Krishna Thadarai and another domestic help but they were also released due to
lack of evidence.
Later on, again Rajesh Talwar was held as the sole suspect behind the
event based on circumstantial evidence and was declared guilty along with his
wife by the CBI Court, sentencing them to life imprisonment. In 2017, the
couple was acquitted by the Allahabad High Court on the benefit of doubt.
Even long before the court gave out the verdict, the media started
portraying Rajesh Talwar as the murderer. The media started reporting the
incident and started the dramatizations in several channels objectifying and
defaming a dead minor girl and showed simulating objectionable scenes of
Aarushi and Hemraj together and Rajesh coming with a golf club and hitting
them.[14] Not only this, even many people
started speaking ill about the character of Aarushi, who was already dead. The
media completely ruined the life of Aarushi, her parents and every other person
whose name was even remotely connected to the case.
Later, aggrieved by the role played by the media in the case, Dr Surat
Singh, an advocate filed a PIL in court. The Supreme Court took the matter
seriously and reprimanded the media for not overstepping their boundaries as
they were meddling with the course of the trial.
3.4 Sushant Singh
Rajput Case
One of the most recent examples media
trials is the alleged death by suicide case of actor Sushant Singh Rajput.
Sushant Singh Rajput, the Bollywood actor, passed away on 14th June 2020 in his
residence in Mumbai. The case was first investigated by the Mumbai police who
concluded that the cause of the death was suicide. The post-mortem conducted at
Cooper hospital confirmed that the cause of death was asphyxia due to hanging.
There were several allegations made
that the actor’s death was linked to his former assistant Disha Salian, who
died last year. Even theories that the duo was murdered also started
circulating. K K Singh, the father of the late father had lodged a complaint
with the Patna police against Rhea Chakraborty, her family and the house helps
working at Sushant’s residence in Mumbai. He also accused Rhea of taking out
crores from the actor’s bank account. So far, none of the charges has been
proven and around 35 people have been arrested in connection with the case.
The Supreme Court has directed the
CBI to investigate the case. Rhea Chakraborty and her family member were
interrogated by the CBI where their link to drug suppliers was discovered which
led to another investigation by the NCB.
From the day of Sushant Singh
Rajput’s murder till today, the trial by media is going on. The media has been
actively writing and publishing the news about the case. The majority of the
media houses have already declared Rhea Chakraborty guilty of the actor’s
death. The has also involved big names like Salman Khan, Karan Johar, and
Mahesh Bhatt in the case, claiming that they are running a ‘Bollywood mafia’
and are responsible for the actor’s death.
The media is continuously coming up
with new theories like Rhea was giving Sushant drugs and heavily addictive
depression pills. She is believed to have been murdered because he was planning
to quit the acting industry and was thinking of moving back to his hometown Bihar.
Even after two years of Sushant’s death, till today #justiceforsushant
continues to trend on Twitter.
CONCLUSION
From the above-stated cases and
incidents, it’s clear that the media trial has a more negative influence on
society rather than the positive one. As a matter of fact, it cannot be denied
that there are a few exceptions where the media has helped in bringing due
justice to the victim. However, as said they are exceptions and not generality.
The importance of the media cannot be
denied and undermined as it keeps the public well informed and educated by
making all the information available to them via newspaper, news channels,
radio and social media. But, them acting as a public court and creating
hindrances in the proceeding of the court cannot be accepted. Keeping the
general public aware is one thing and then creating problems in the delivery of
justice is another thing. Both the acts can exist independently. They can make
the public well aware of the day-to-day event without hampering the judicial
proceedings.
Despite all the importance attached
to the media, they cannot be left without being regulated. No freedom can be
absolute and needs to be subjected to certain restrictions to make sure that no
misuse takes place. Although the efforts made by the media to keep up with the
police investigation and conduct sting operations to reveal the problem is
commendable, it is recommended that they create a boundary for themselves to
ensure no encroachment in the field of judiciary takes place.
BIBLIOGRAPHY
Books
1. Law
& Media by Dr.
Jasneet Kaur Walia &
Parvinder Kaur.
2. Facts of Media Law by Madhavi Goradia Divan
Websites
·
https://legaldesire.com/judicial-approach-on-freedom-of-media-and-media-trial.
[4] T.N. Suraj v. State of Kerala, WP
(Crl.) No. 346 of 2022 (S).
[5] 1988(4) SCC 592.
[7] (2009)
8 SCC 106
[10] Sarvjeet Singh v State (NCT of Delhi) and Anr.
[11] K. M. Nanavati v. State of Maharashtra , 1962 AIR 605.
[12] Sidhartha
Vashisht Alias Manu Sharma v. State (NCT of Delhi) , (2010) 6 SCC 1.
[13] Dr.
(Smt.) Nupur Talwar v. State of U.P. And Anr, (1984) 2 SCC 627.
[14]Prapti Bhattacharya, “Judicial
Approach on Freedom of Media and Media Trial” (Legal Desire May 31,
2021) <https://legaldesire.com/judicial-approach-on-freedom-of-media-and-media-trial/>
accessed February 6, 2023.
Article Information
MEDIA TRIAL IN INDIA
Authors: SUNITA CHOUDHARY
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/12/13
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.