Judge vs. Journalist
David
(Querist) 28 April 2008
This query is : Resolved
David
(Querist) 28 April 2008
If a journalist is checking the actions of judges etc., what laws or other methods can judges utilize to stop or silence the journalist? (i.e. contempt laws)
And what if the journalist is not directly investigating the judge's actions, but those of the administrative personnel of the court?
Rajesh Kumar
(Expert) 28 April 2008
Today i read in the newspapers that in one African Country "committed journalism" is an offence. People are charged, incarcerated, tortured or even killed for committing journalism.
In india, there are no such laws- but abuses of law is prevalent. Checking the actions of judges or administrative officers of the court is no offence- even under the Contempt of Courts Act- nevertheless abuse of this law can make the life difficult for the journalist. And it is easier for the judicial organ to abuse laws.
David
(Querist) 28 April 2008
Thanks for clearing the existence of laws issue.
However, you say that "abuse of law" is prevalent. Could you elaborate a little?
Who is the most frequent abuser, the judge, or others?
Why is it easier for the judicial organ to abuse laws?
Rajesh Kumar
(Expert) 30 April 2008
Difficult question to a lawyer-
The Fundamental question is contempt of court- let me say unequivocally that what the journalist is doing is not contempt of court as it does not affect the administration of justice.
However, if officers of the court files a contempt petition against you, the petition may be entertained and you may have to defend it, at your own cost and inconvenience.
