THE right to fair trial and investigation is part of Articles 14 and 21 of the Constitution of India and every citizen enjoys these rights. But these rights are usually hampered now by media trials. It is the basic principle of criminal jurisprudence that “every accused is presumed to be innocent unless the guilt is proved”. However, due to the media trial, the accused person against whom a matter is pending is labelled a criminal even before the final verdict of the court. This leads to his mental suffering and image assassination.
The most recent case was the sensational death of actor Sushant Singh Raj put wherein it was alleged by the media that the investigating agency mishandled this case of unnatural death. The media aired the entire story in a manner that led the general public to believe what was hypothetically narrated. Such reporting brought undue pressure in the course of fair investigation and trial. The media, therefore, is conducting a parallel investigation and trial.
On October 23, 2020, while listening to a bunch of PILs seeking restraining orders against the trial by the media in this case, a division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni of the Bombay High Court observed that journalists today had lost their neutrality and the media had become “highly polarised”.
The Court’s remarks came after the submissions made by Advocate Ankit Lohia, counsel for Zee News, that the channel was not guilty of the allegations made by the petitioners and that there was no need for government interference in the functioning of channels.
This story is from the November 9, 2020 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the November 9, 2020 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 8,500+ magazines and newspapers.
Already a subscriber? Sign In
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
