Source: The Hindu

Why in News?

The bench of Chief Justice of India (CJI) DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra observed that the police disclosure does not result in media trial so as to allow pre-determination of the guilt of the accused.

• The Supreme Court gave this observation in the matter of People’s Union for Civil Liberties (PUCL) v. State of Maharashtra.

Background

• The SC was considering the question of the mannerism which police must opt when conducting media briefing of a particular case during the pendency of trial one part of the case related to encounters has already been adjudged in 2014.
• CJI D Y Chandrachud gave prominence to the question after determining the surge of electronic media reporting.
• An amicus curie was appointed by the court, who circulated a questionnaire to all States and Union Territories, receiving responses from some of them.
• He said that “We cannot restrain the media from reporting. But the sources can be restrained. Because the source is the state”.
• SC agreed with the need of framing guidelines or manual by Ministry of Home Affairs (MHA) in respect of media reporting of a crime and granted a 3 three months' time to MHA for preparing a comprehensive manual.
  • SC further stated that the recommendations of National Human Rights Commission (NHRC) will also be considered.

Court’s Observation

The SC while dealing with lack of application of its previous verdicts on medial trials gave following observations:

• Media reportage which implicates an accused is unfair. Biased reporting also gives rise to public suspicion that the person has committed an offence.
  • The media reports can also violate the privacy under Article 21 of victims.
• The guidelines by the Union were prepared almost a decade ago on 1st April 2010. Since then, with the upsurge of reporting of crime not only in print media but also electronic media, it has become important for there to be a balance.

Media Trial

• Media Trial refers to the media reporting which touches or surrounds around the guilt or innocence of a person, during pendency of trial or after the final verdict.
• Media trials in India have emerged as a powerful force that can both serve the cause of justice and undermine it.
• Media Trial lacks any stable constitutional identity however it can be interpreted from Article 19 which guards the freedom of speech of expression of Media.
• After the penetration of Artificial Intelligence and advanced tools, it becomes quite arduous for a viewer to differentiate between fact and fiction.
• The surge in paid news and fake news is demeaning the veracity of Media which is considered as a fourth pillar of democracy along with Executive, Legislature and Judiciary.
• In the web of paid news, fake news along with the fancier and dominating reporting, it is very convenient for media houses, channels, social media pages, etc., to shape a case as per their advantages irrespective of the final verdict.

Landmark Cases

• Siddhartha Vashisht @ Manu Sharma v. State NCT of Delhi (2010):
  • One of the earliest and most well-known instances of a media trial in India was the Jessica Lal murder case.
  • The accused, Manu Sharma, was a high-profile individual, and the murder occurred in a prominent Delhi nightclub.
  • The media's relentless coverage of the case, combined with public outrage, played a pivotal role in bringing the accused to justice.
  • However, it also raised concerns about the fairness of the trial, as the media's scrutiny put immense pressure on the judiciary and witnesses.
  • Ultimately, Manu Sharma was convicted in year 2010 by the verdict of SC, however, his pre-mature release from jail got approval in 2020.
• Dr. Mrs. Nupur Talwar v. State of UP & Anr. (2017):
  • The Aarushi Talwar and Hemraj double murder case, also known as the Noida double murder case, garnered nationwide attention.
  • Media outlets extensively covered the case, and their reporting sometimes bordered on sensationalism.
  • The accused, Aarushi's parents, Dr. Rajesh Talwar and Dr. Nupur Talwar, were acquitted after a lengthy trial.
  • The media trial led to a conviction in the court of public opinion, which was starkly different from the actual judicial outcome.
  • This case demonstrated the pitfalls of trial by media and its potential to influence public perception and opinion.
• State of NCT of Delhi v. Shashi Tharoor (2021):
  • The mysterious death of Sunanda Pushkar, the wife of senior Congress leader Shashi Tharoor, generated considerable media interest.
  • The media's scrutiny in this case led to concerns about witness tampering and the potential impact on the fairness of the investigation.
  • The Court discharged the accused in 2021, however, Delhi Police approached the Delhi High Court challenging the decision in 2022.
• Rhea Chakraborty v. The State of Bihar (2020):
  • The death of Bollywood actor Sushant Singh Rajput was widely covered by the media.
  • The relentless coverage by media houses painted the accused as the primary suspect of murder, often without concrete evidence.