38.6c New Delhi, India, Tuesday, April 23, 2024
Legal Insiders

Prior Judgments By Media In Criminal Cases Goes Against The Principles Of Fair Trial: Senior Advocate Aspi Chinoy In SSR Media Trial Matter

By RHEA BANERJEE      10 October, 2020 10:07 PM      0 Comments
PRIOR JUDGMENTS BY MEDIA IN CRIMINAL CASES GOES AGAINST THE PRINCIPLES OF FAIR TRIA: SENIOR ADVOCATE ASPI CHINOY IN SSR MEDIA TRIAL MATTER

Senior Advocate Aspi Chinoy who appeared on behalf of ex-IPS officers objecting to the reporting in Sushant Singh Rajput’s death, stated before the Bombay High Court on 8th October 2020, Thursday that making prior judgments regarding a criminal case and holding someone guilty before the final verdict is given by the Court is a complete violation of the principles of a fair trial. 

The Senior Advocate appeared physically before the Division Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni representing a batch of petitions raising the concerns regarding the latest issue of media trial that took place in Sushant Singh Rajput’s death case. The advocate made his submissions with respect to the matter and referred to the guidelines issued by the Press Council of India, in the name “Norms of Journalistic Conduct” which clearly talked about investigative journalism in its provisions. 

Chinoy stated, “We are concerned with a higher concept of administration of justice. I am not saying that the media should not report in any matter that has ongoing investigations but the manner in which the report goes, is often against the abovesaid principles.”

Chinoy further mentioned, “Reporting in a criminal case should not be about who should be held guilty and who should be arrested. If in reporting you pre-judge the person/ accused then you are crossing the line.”

The advocate cited a judgment of Delhi High Court, RK Anand v. Registrar supporting his arguments on media trials where he defined “media trials” quoting from the judgment-

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. During high publicity court cases, the media are often accused of provoking an atmosphere of public hysteria akin to a lynch mob which not only makes a fair trial impossible but means that, regardless of the result of the trial, in public perception, the accused is already held guilty and would not be able to live the rest of their life without intense public scrutiny.” 

Chinoy asserted, “You create a perception of guilt in the mind of people when it has not been established yet and the investigation is still going on. This pre-judging goes against the justice system. Campaigns were run by various TV channels stating arrest hashtag so and so… such things undermine the principles of a fair trial.”

Further, the Advocate even gave examples of countries like America and the United Kingdom where such kind of reporting would be considered as a grave mis-administration of justice, as this kind of partial media trial shapes the mindset of people against the alleged person which is not at all healthy.

At this juncture, News Broadcasting Standards Authority (NBSA) counsel Advocate Nisha Bhambhani intruded and stated that even NBSA has a certain set of guidelines on media trials and would like to support the allegations of Advocate Chinoy and file for same. 

The Bench raised the query, “what about NSBA’s orders?”, where the Advocate Rajesh Inamdar who appeared for another petitioner for the matter informed that most of the news channels were not members of NBSA. Later, the counsel of NBSA, Advocate Bhambhani referred to the order of NBSA directing the channels Aaj Tak, Zee News, News 24, and India TV to air a public apology for insensitive reporting and sensationalizing the death of late actor Sushant Singh Rajput. NBSA has even directed Aaj Tak to pay a fine of Rs. 1 lakh for telecasting fake tweets regarding the same matter. 

Justice Kulkarni further questioned advocate Bhambhani whether “an apology is sufficient for this act?”

Advocate Malvika Trivedi appearing for Republic TV intervened and said that there are many checks and balances taking place already. She even cited the Delhi High Court’s order in the case of Tablighi Jamaat for the same and licenses can be canceled but a gag order will also have a chilling effect. 

The Chief Justice was not kind to so many interruptions and stated, “That is not Mr. Chinoy’s submission. The point is that nobody should be held guilty, is it the duty of media to advise the investigating agency who should be arrested?” CJ Dipankar Datta questioned Advocate Malvika Trivedi. 

Further Advocate Chinoy continued and named the anchors of Times Now, Navika Kumar and Rahul Shivshankar, and averred that they crossed their line by reporting in the SSR matter and running some illicit hashtags pre-judging like #ArrestRhea. 

Chinoy also quoted the 20th Law Commission Report and submitted- 

“There is a dearth of Statutory provision in this context (media trials). It is not enough to say that Courts have repeatedly warned against media trials. We need specific guidelines for electronic media. When you make guidelines for the Press Council of India, why not make similar guidelines for broadcasting media on pre-judgments, etc. This matter should concern the court.”

Chief Justice Dipankar Datta further referred to a Supreme Court mentioning “Lakshman Rekha” for the media. Then, the Court asked the Additional Solicitor General of India, Anil Singh who appeared on behalf of the Union of India through I & B Ministry, to respond to the contentions of Senior Advocate Chinoy. 

ASG Singh even pointed that an affidavit had been filed by the Under-secretary but Chief Justice Datta was not satisfied with the same and asked him to file another affidavit which addressed all the points of the petitioners raised by them recently. He said, “We don’t have much time left, we will resume hearing on Monday, we shall proceed for final hearing, so file a detailed affidavit.”

Advocate Rajesh Inamdar further gave another case of High Court passed on 3rd September 2020 which urges the media to restraint their shows and not hamper the investigation of the death of Sushant Singh Rajput. He said although the Court had not passed a gag order, media houses were definitely asked to maintain restraint from the concerned case on the same day itself and two news channels even ran a show with the #CantGagSSRCoverage. 

The Court didn’t address the issue during the hearing and adjourned the case to the next hearing on October 12, 2020, Monday. 

Thus, there are plenty of petitions being forwarded against media trials but this won’t limit the media from exercising their investigative reporting, and hence there is a need for a new set of guidelines which defines “investigative journalism” appropriately and draws a clear line between the appropriate journalism and inappropriate one. There should also be some defined fine imposed for such violation of privacy as well for interfering with their pre-judging means through their continuous reporting in the fair trial matter. 



Share this article:



Leave a feedback about this
TRENDING NEWS

a-critique-of-the-supreme-courts-adventurism-for-lgbtqia-rights
Trending Legal Insiders
Overreaching Jurisdiction: A critique of the Supreme Court's adventurism for LGBTQIA rights

In its over-enthusiasm to protect LGBTQIA+ rights, has the Supreme Court exceeded its constitutional mandate under Article 142? A Delhi University research scholar evaluates the theme.

22 April, 2024 10:48 AM
new-criminal-laws-watershed-moment-for-society-cji
Trending Legal Insiders
New criminal laws watershed moment for society: CJI [Read Inaugural Remarks]

CJI Chandrachud hails new criminal laws as a watershed moment, marking a significant overhaul for the justice system, emphasizing adaptation and technology's role.

22 April, 2024 11:26 AM

TOP STORIES

burden-to-prove-dishonest-damage-to-electric-meter-is-for-electricity-theft-is-on-the-prosecution-says-delhi-hc
Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM
pil-filed-by-ashwini-kumar-upadhyay-in-sc-for-yr-bachelor-of-law-degree-after-class
Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
centre-sets-up-high-powered-committee-to-suggest-measures-to-end-discrimination-against-queer-community
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM
after-karnataka-hc-delhi-hc-sets-aside-government-circular-banning-23-ferocious-dog-breeds
Trending Judiciary
After Karnataka HC, Delhi HC sets aside Government circular banning 23 'ferocious' dog breeds [Read Judgement]

After Karnataka High Court, the Delhi High Court has set aside a Government circular banning 23 'ferocious' dog breeds.

18 April, 2024 01:06 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email