greetings
what is the extent to which courts allow fair and free comments by media and what amounts to 'scandalizing' of courts?
sneha jaiswal 22 April 2021
Hello, Greetings of the day!
Trial is essentially a process to be carried out by the courts. The trial by media is definitely an undue interference in the process of justice delivery. Before delivering into the issue of justifiability of media trial it would be pertinent to first try to define what the actually trial by media means. Trial is a word which is associated with the process of justice. Media has now declared itself as a public court and has started interfering into court proceedings. If excessive publicity in the media about a suspect or an accused before trial prejudices a fair trial or results in characterizing him as a person who has indeed committed the crime, it amounts to undue interference with the administration of Justice and there is exception of Article 19 in sub clause (2) of the same article that the right of freedom of speech and expression but it does not embrace the freedom to commit contempt of court.
Under the Contempt of Courts Act, 1971, distributions under free preliminaries are protected against disdain procedures. Be that as it may, any distribution which meddles with or hinders or will in general impede any procedure, be it common or criminal, and the course of equity, which is really a forthcoming continuing, establishes the hatred of court. It has been named as hatred since a portion of the demonstrations which are distributed before the decision given by the court, can deceive the general population and influence the privileges of the blamed for a reasonable preliminary. Such sort of distributions might be identified with his past feelings or the admission he made before the police or just character death of the charged.
Hope it helps
Regards,
Sneha Jaiswal
Sankaranarayanan (Advocate) 22 April 2021
State the facts instead of submitting the details like academic
Pradipta Nath (Advocate) 22 April 2021
Time Pass!!