IS PRESS TOO MUCH INTRUDING?
In a democratic nation, independent press is to be considered as preserver of democratic principles. Indian Constitution also recognizes the same and the freedom of press is covered under Article 19(1)(a) which provides to all its citizens a right to freedom of speech and expression. The Hon’ble Supreme Court being expounder of the constitution held that Article 19(1)(a) undoubtedly includes freedom of press. Supreme Court in the case of Romesh Thapper Vs State of Madras[1] observed that, in freedom of speech and of the press lay the foundation of all democratic organizations. Press provides free political discussion and public education which is so essential for the proper functioning of the process of popular government. It is a settled law that the right to freedom of speech and expression enunciated in Article 19(1)(a), includes the liberty of the press[2] also.
By this fundamental right, the citizens are comprehensively informed, know the opinions of others, and be able to weigh them up against each other. The press keeps this dialogue alive, it provides the information, adopts its own point of view, and thus works as a direction giving force to the public debate. It stands as a permanent means of communication between the people and their elected representatives and the government. Hence press is supplementing the smooth functioning of the democracy in this country.
In the recent times, we have been seeing that press, especially electronic media, has crossed all the limits of decency, fair play and non intrusion. Electronic media in its overenthusiastic haste to reach the citizens with all kinds of information is spreading havoc. Every bit of news being broadcast on televisions is breaking news. It seems that these channels have trapped the whole country in the rigmarole of breaking news, so much so, that the citizens at large have started taking the phrase “braking news” as a joke.
That it is not this kind of freedom of speech and expression which our framers of the constitution wanted to equip its citizen with. Media is not working towards its objective rather it is working as multiple pockets of pressure groups. The most recent example we have seen is of the media trial of Jessica murder case which forced the Senior Advocate Mr. Ram Jethmalani to agitate before the Hon’ble Court against such media trial of the case. Media trial has become a norm nowadays and with high profile matters it is foregone that the media will run its own parallel trial right from the investigation upto the passing of judgment. .
Proprietary and civilized behavior demands that the media persons realize that when some matter is subjudice before a court, media should not interfere with the investigation process or the role of judiciary, except in rare situations where justice is at stake due to any extraneous circumstances of which sufficient evidence is available. In the name of investigative journalism, there is an attempt to usurp the investigative and judicial space by the fourth estate. It is rather advisable for the media not to put their foot in the role of judiciary.
I do agree that media has a right of reporting the proceedings of any case, but such reporting should be done with due care and in good faith. Media need not telecast any debate over a subjudice matter. It should let the court come to a conclusion in a free and fair manner, with no pressure from the artificial pressure groups so that the faith of the country in the judicial system is maintained.
In simple words it can be said that no one should have a right to discuss and protest a matter that is subjudice, outside the precincts of a court where it is being tried.
In my view, there is a need for immediate judicial activism in this area. Though there have been some obiter here and there from some constituents of the judiciary, there seems to be an inexplicable reluctance to take the issue head on, even at the highest judicial echelons.
Justice, KG Balakrishnan, Chief Justice of India has said that “media has a pivotal role to play in educating the people on the implications of various legislations enacted in the Parliament”. Therefore, it is the need of the hour that media play a constructive and positive role to develop India so that people know their rights and obligations.
In this regard, it may be relevant to consider the view of Mr.Wasi Zafar, Minister for Law Justice and Human Rights, Government of Pakistan who during a recent interview with PTC said that peaceful protect is the right of every citizen but the individuals should avoid influencing the judicial process.
Shruti Raikar
By this fundamental right, the citizens are comprehensively informed, know the opinions of others, and be able to weigh them up against each other. The press keeps this dialogue alive, it provides the information, adopts its own point of view, and thus works as a direction giving force to the public debate. It stands as a permanent means of communication between the people and their elected representatives and the government. Hence press is supplementing the smooth functioning of the democracy in this country.
In the recent times, we have been seeing that press, especially electronic media, has crossed all the limits of decency, fair play and non intrusion. Electronic media in its overenthusiastic haste to reach the citizens with all kinds of information is spreading havoc. Every bit of news being broadcast on televisions is breaking news. It seems that these channels have trapped the whole country in the rigmarole of breaking news, so much so, that the citizens at large have started taking the phrase “braking news” as a joke.
That it is not this kind of freedom of speech and expression which our framers of the constitution wanted to equip its citizen with. Media is not working towards its objective rather it is working as multiple pockets of pressure groups. The most recent example we have seen is of the media trial of Jessica murder case which forced the Senior Advocate Mr. Ram Jethmalani to agitate before the Hon’ble Court against such media trial of the case. Media trial has become a norm nowadays and with high profile matters it is foregone that the media will run its own parallel trial right from the investigation upto the passing of judgment. .
Proprietary and civilized behavior demands that the media persons realize that when some matter is subjudice before a court, media should not interfere with the investigation process or the role of judiciary, except in rare situations where justice is at stake due to any extraneous circumstances of which sufficient evidence is available. In the name of investigative journalism, there is an attempt to usurp the investigative and judicial space by the fourth estate. It is rather advisable for the media not to put their foot in the role of judiciary.
I do agree that media has a right of reporting the proceedings of any case, but such reporting should be done with due care and in good faith. Media need not telecast any debate over a subjudice matter. It should let the court come to a conclusion in a free and fair manner, with no pressure from the artificial pressure groups so that the faith of the country in the judicial system is maintained.
In simple words it can be said that no one should have a right to discuss and protest a matter that is subjudice, outside the precincts of a court where it is being tried.
In my view, there is a need for immediate judicial activism in this area. Though there have been some obiter here and there from some constituents of the judiciary, there seems to be an inexplicable reluctance to take the issue head on, even at the highest judicial echelons.
Justice, KG Balakrishnan, Chief Justice of India has said that “media has a pivotal role to play in educating the people on the implications of various legislations enacted in the Parliament”. Therefore, it is the need of the hour that media play a constructive and positive role to develop India so that people know their rights and obligations.
In this regard, it may be relevant to consider the view of Mr.Wasi Zafar, Minister for Law Justice and Human Rights, Government of Pakistan who during a recent interview with PTC said that peaceful protect is the right of every citizen but the individuals should avoid influencing the judicial process.
Shruti Raikar
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