'Trial by media' will hamper free, fair judicial process: CJI
Concerned over "trial by media" and unverified reports of court proceedings getting published or telecast, Chief Justice of India K G Balakrishnan on Saturday said this was a danger to a "free, fair and constitutional" judicial process.
By PTI |
KOCHI: Concerned over "trial by media" and unverified reports of court proceedings getting published or telecast, Chief Justice of India K G Balakrishnan on Saturday said this was a danger to a "free, fair and constitutional" judicial process.
Trial by media, by which it canvassed and conveys public opinion in favour of one side or the other has become increasingly frequent in recent times, he said delivering the fourth K S Rajamony Memorial Lecture here on 'The Constitution, the Media and the Courts'.
This phenomenon questions the very premise on which the Indian judicial system is based - the right of every party involved in a court proceeding, civil or criminal, to have his case adjudicated in a manner that is free, fair and unbiased, he said.
Referring to the Aarushi murder case, he said a lot of speculative reports had appeared in the media and many private details were printed. "How far can the media go into the private lives of people?", he asked. The manner in which modern media and telecommunications can intrude into a person's life and give embarrassing and damaging publicity, if left unhindered, is "alarming", Justice Balakrishnan said.
"The tendencies of newspapers and news channels to give unverified accounts is a development that raises a lot of concern," he said. The accused is perceived guilty even before the trial proceedings have begun, he said.
Many cases exist in India where the media has conducted elaborate interviews and discussions regarding the guilt of an accused in a manner that created public pressure, rather than public opinion. "Publicity is necessary, but that which is responsible and unbiased," he said.
Trial by media, by which it canvassed and conveys public opinion in favour of one side or the other has become increasingly frequent in recent times, he said delivering the fourth K S Rajamony Memorial Lecture here on 'The Constitution, the Media and the Courts'.
This phenomenon questions the very premise on which the Indian judicial system is based - the right of every party involved in a court proceeding, civil or criminal, to have his case adjudicated in a manner that is free, fair and unbiased, he said.
Referring to the Aarushi murder case, he said a lot of speculative reports had appeared in the media and many private details were printed. "How far can the media go into the private lives of people?", he asked. The manner in which modern media and telecommunications can intrude into a person's life and give embarrassing and damaging publicity, if left unhindered, is "alarming", Justice Balakrishnan said.
"The tendencies of newspapers and news channels to give unverified accounts is a development that raises a lot of concern," he said. The accused is perceived guilty even before the trial proceedings have begun, he said.
Many cases exist in India where the media has conducted elaborate interviews and discussions regarding the guilt of an accused in a manner that created public pressure, rather than public opinion. "Publicity is necessary, but that which is responsible and unbiased," he said.
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