Supreme Court: don’t prejudice a trial

IN Law and Policy | 21/04/2010

Observations of Justices P Sathasivam and Swantanter Kumar in

SIDHARTHA VASHISHT @ MANU SHARMA Vs. STATE (NCT OF DELHI)

Role of the Media and Press:                                                              

145)   Mr. Ram Jethmalani, learned senior counsel for the appellant submitted that the appellant-Manu Sharma had been specifically targeted and maligned before and during the proceedings by the media, who proclaimed him as guilty despite even after his acquittal by the Trial Court. He took us through various news items that were published in English & Hindi dailies. He elaborated that "Justice should not only be done, it should manifestly and undoubtedly be seen to be done." This common law rule can not be ignored.

146) Cardozo, one of the great Judges of American Supreme Court in his "Nature of the Judicial Process" observed that the judges are subconsciously influenced by several forces. This Court has expressed a similar view in P.C. Sen In Re: AIR 1970   SC    1821   and   Reliance   Petrochemicals   Ltd.  v. Proprietors of Indian Express 1988 (4) SCC 592.

147) There is danger, of serious risk of prejudice if the media exercises an unrestricted and unregulated freedom such that it publishes photographs of the suspects or the accused before the identification parades are constituted or if the media publishes statements which out rightly hold the suspect or the accused guilty even before such an order has been passed by the Court.

 148) Despite the significance of the print and electronic media in the present day, it is not only desirable but least that is expected of the persons at the helm of affairs in the field, to ensure that trial by media does not hamper fair investigation by the investigating agency and more importantly does not prejudice the right of defence of the accused in any manner whatsoever.       It will amount to travesty of justice if either of this causes impediments in the accepted judicious and fair investigation and trial.

149) In the present case, certain articles and news items appearing in the newspapers immediately after the date of occurrence, did cause certain confusion in the mind of public as to   the    description   and    number     of   the   actual assailants/suspects. It is unfortunate that trial by media did, though to a very limited extent, affect the accused, but not tantamount to a prejudice which should weigh with the Court in taking any different view. The freedom of speech protected under Article 19 (1) (a) of the Constitution has to be carefully and cautiously used, so as to avoid interference in the administration of justice and leading to undesirable results in the matters sub judice before the Courts.

150)        A Bench of this Court in the case of R.K. Anand v. Delhi High Court (2009) 8 SCC 106, clearly stated it would be a sad day for the court to employ the media for setting its own house in order and the media too would not relish the role of being the snoopers for the Court. Media should perform the acts of journalism and not as a special agency for the Court.

The impact of television and newspaper coverage on a person's reputation by creating a widespread perception of guilt, regardless of any verdict in a Court of law. This will not be fair. Even in the case of M.P. Lohia v. State of W.B. & Anr.

(2005) 2 SCC 686, the Court reiterated its earlier view that freedom of speech and expression sometimes may amount to interference with the administration of justice as the articles appearing in the media could be prejudicial, this should not be permitted.

151) Presumption of innocence of an accused is a legal presumption and should not be destroyed at the very threshold through the process of media trial and that too when the investigation is pending.  In that event, it will be opposed to the very basic rule of law and would impinge upon the protection granted to an accused under Article 21 of the Constitution [Anukul Chandra Pradhan v. Union of India & Ors. (1996) 6 SCC 354]. It is essential for the maintenance of dignity of Courts and is one of the cardinal principles of rule of law in a free democratic country, that the criticism or even the reporting particularly, in sub judice matters must be subjected to check and balances so as not to interfere with the administration of justice.

152) In the present case, various articles in the print media had appeared even during the pendency of the matter before the High Court which again gave rise to unnecessary controversies and apparently, had an effect of interfering with the administration of criminal justice. We would certainly caution all modes of media to extend their cooperation to ensure fair investigation, trial, defence of accused and non interference in the administration of justice in matters subjudice.