DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

MEDIA TRIAL : ROLE AND RESPONSIBILITY OF THE JUDGES

SUBJECT

LEGAL METHODS

NAME OF THE FACULTY

SOMA BATTACHARJYA

Name of the Candidate

Roll No. & Semester

VISWANATH.R

2015098 & SEMESTER - 1

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 Acknowledgement

I would sincerely like to put forward my heartfelt appreciation to our respected LEGAL
METHOD professor, Prof. SOMA BHATTACHARJYA for giving me a golden opportunity to
take up this project regarding'' MEDIA TRIAL : ROLE AND RESPONSIBILITY OF THE
JUDGES''. I have tried my best to collect information about the project in various possible
ways to depict clear picture about the given project topic.

CONTENTS

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INTRODUCTION.......................................................................5

OVERVIEW OF ARTICLE 19.................................................6

EFFECT OF MEDIA TRIAL BEFORE COURTS.................7

FREE SPEECH V. FAIR TRIAL.............................................9

200TH REPORT ON MEDIA TRIAL BY LAW

COMMISSION............................................................................10

MEDIA AS A WATCH DOG....................................................11

CASES RELATING TO MEDIA TRIAL................................11

CONCLUSION............................................................................15

REFERENCE...............................................................................16

ABSTRACT

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Media trial plays a prominent role in India. The press and media have been recognized as the
greatest influencing factors. The power with them carries an obligation to act with responsibility
and creativity. But they are symptoms of negativity in media. The role of law is institutionalized
by support for an independent media that keeps a check on the judiciary, reports on the courts
and promotes a enabling environment suitable for press freedom. To describe the impact of
television and newspaper coverage on a persons reputation by creating a wide spread perception
of guilt regardless of any verdict in a court of law. They are many relevant case laws regarding to
this.

OBJECTIVES OR AIM OF THE STUDY:

The objective of the study is to find out how media trial influences the opinion of the judges and
their responsibility and how they perform their role, if the media trial influences the opinion of
the judges

SIGNIFICANCE OR BENEFIT OF THE STUDY:

The significant of the study is to learn how the opinion of the judges varies through media trial
and their influence on the society.

SCOPE OF THE STUDY:

The scope of the study is limited to those cases which are thought to be influenced by the media
trial and are related to under article 19. The examples of cases are,

1. Surendra Mohanty v. State of Orissa

2. A.K.Gopalan v. Noordeen

REVIEW OF LITERATURE:

Media intervention under trial cases has became very normal affairs in the society. Judges are
confused to take a decision according to the follow up on Media criticism. Healthy media
function is necessary for the democracy to run very smoothly. But in current situation, media

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involves when justice is totally denied or delayed. There is today a feeling that in view of the
extensive use of the televisions made cable services, the whole pattern of publication of news has
changed and several such publications have prejudicial impact on the accused and even judges.

RESEARCH METHODOLOGY:

This project is purely Doctrinal and based on primary and secondary sources such as websites,
books, articles and internet sources. The referencing style followed in this project is OSCOLA
(The Oxford University Standard for Citation of Legal Authorities) format of citation. This
Research process deals with theoretical and analyzing information that is collected. The Research
is purely descriptive in its boundaries of the topic

RESEARCH QUESTIONS:

Whether the Media trial influences the opinion of judges ?

HYPOTHESIS:

Media trial tends to influence the judges by subconsciously creating a pressure and it does an
effect on the sentencing the accused or convict, Media trial led to changes in the opinion of
judges by means of publishing news in news paper and through news in televisions.

INTRODUCTION
The subject of Media trial is discussed by constitutional lawyers, judges and academics almost
every day in recent life .The press and media have been recognized as the greatest influencing
factors. Being of the television and cable channels, the amount of publicity which any crimes or
accused gets in the media has reached alarming proportions. Media is regarded as the one of the
pillars of the democracy . Media plays a vital role in moulding the opinion of the society. The
media can be commended for starting a trend where the media plays an active role in bringing
the accused to hook.

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In India, Media trial has assumed significant proportions 1 .The concept of media trial is not a
new concept. The trial by media is an undue interferenjfurxce in the process of justice.

Article 19 of constitution of India i.e., protection of certain rights regarding freedom of speech.
Article 19 is the most important and key article which embodies the basic freedoms. Freedoms of
media is the freedom of people as they should be informed of public matters. However media
trial uses the freedom of speech and expression under article 19 .

Relation between media and judges is not always a comfortable one .While lawyers, litigants and
even a witnesses provide a running commentary in the news media, judge is usually silent and
many judges choose to avoid talking to the press .

They are many relevant cases regarding to media trial which are related to under article 19 .

EFFECT OF MEDIA TRIAL BEFORE COURTS

Media has a wide ranging roles in the society. Freedom of media is the freedom of people as they
should informed from public matters. In a democratic set up there have to be active participation
of people in all affairs of their community and the state. Important issues of the day in order to
enable them to consider opinion in which they are being managed and administrated by the
government and their functionaries.

Now a day media is considered as a one of the pillar of democracy. With the support of article 19
people has right to freedom of speech and expression. It is their right to inform the present
political economic and cultural life. To make an effort , people need a clear and right account of
events which helps to form their own opinion about their future course of action. If there is more
publicity in the media about the accused before trial prejudice a fair play which results undue
interference with the Administration of Justice which leads for contempt of court against media.

Some famous criminal cases that would have gone unpunished by the intervention of media are
1. Priyadarshini Matto Case

2. Jessica Lal Case

3. Nitish katara murder Case

1 . Trial by Media: An International Perspective by Justice R.S. Chauhan* Cite as: (2011) PL October S-38

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However the media drew criticism in the reporting of Aarushi Talwar murder case, when it
observed by court and reported that her own father Dr. Rajesh Talwar, and her mother Nupur
Talwar were involved in her murder. The media has again come in to force in Arushi Murder
case. Media role was debated in the Priyadarshini Matto Case, Jessica Lal Murder case and many
other high profile cases. Trial is essential process for a courts to be carried out. Before delving
the issue of justifiability of media trial would be first to define what actually Media Trial would
be.

Trial is a word which deals with process of justice. It is the important and essential component of
judicial system that accused can receive a Fair trial. Media have interpreted 2 by itself in to a
Public court and was started interfering in to court proceedings. Now, what we observe in Media
trial is where the media does a separate investigation, creates a public opinion against accused
even before court takes cognizance of the case.

OVERVIEW OF ARTICLE 19
Article 19 in the constitution of India, 1949 i.e., protecting of certain rights regarding freedom of
speech.

But media trial plays a vital role through article 19(2) of the Indian constitution. The right to
freedom of speech and expression in contained in article 19 of the constitution. However the
freedom is not absolute as it is bound by the sub clause(2) of the same article and does not
embrace the freedom to commit contempt of court.

19.(1) :

All citizens shall have the right

(a) to freedom of speech and expression,

(b) to assemble peaceably and without any arms,

(c) to form associations or unions,

(d) to move freely throughout the territory of the country,

(e) to reside and settle in any part of the territory of India,

(f) omitted by 44th amendment act. (It was right to acquire, hold and dispose of the property)

2. http://www.lawteacher.net/free-law-essays/commercial-law/effect-of-trial-by-media-before-courts-law-essay.php#ixzz3q16aqiKg

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(g) to practice any profession, or to carry on any occupation, trade or business.

However, Freedom of speech and expression 3 is not absolute. As of now, there are
restrictions on freedom of speech and expression in sovereignty and integrity of respect of the
country.

Nothing shall effect the operation of any existing law, or prevent the state from making any law ,
in so far as it imposes reasonable restrictions on the exercise of the right conferred,

These restrictions were amended in the constitution First Amendment Bill 1951.

To achieve this objective people need a clear and truth account of events, so that they may form
their own opinion and offer their own comments and viewpoints on any matters and issues and
select their future course of action.

SOME LAND MARK SUPREME COURT JUDGEMENTS REGARDING THE

FREEDOM OF EXPRESSION :

1. Romesh Thapor v. State of Madras, 1950.

2. Maneka Gandhi v. Union of India, 1978.

3. Union of India v. Assn. of Democratic Reforms, 2002.

Romesh Thapar v. State of Madras, (1950):

Freedom of speech and the press laid down on the foundation of all democratic organizations
without political discussion no public education, so required the proper functioning of the
process of popular government, is possible

Maneka Gandhi v. Union of India, (1978):

Freedom of speech and expression do not have geographical limitation and it carries with it the
right of a citizen to collect information and to exchange ideas with others not only in India but
also in abroad

3 . http://www.gktoday.in/article-19-of-constitution-of-india-and-freedom-of-speech

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Union of India v. Assn. for Democratic Reforms (2002):
One-sided information, misinformation and non information, all equally create an disturbance
citizenry which makes democracy to fall in dilama. Freedom of speech and expression includes
right to impart and receive information which includes freedom to hold opinions.
FREE SPEECH V. FAIR TRIAL

In the criminal justice system, which we had been following, the accused is to be proved beyond
reasonable doubt and the law is governed by senses and not by emotions. A person is presumed
to be innocent unless he is held guilty by the competent court, but here the trend is to declare a
person guilty right at the time of arrest. The media is there to report facts or news and raise
public issues; it is not there to pass judgments 4 . The print and electronic media have gone into
fierce and ruthless competition, as we call them aggressive journalism .
The Press Council of India issues guidelines from time to time and in some cases, it does take
action. But, even if apologies are directed to be published, they are published in such a way that
either they are not apologies or the apologies are published in the papers at places which are not
very prominent. The most important part, and unfortunate too, of the recently incarnated role of
media is that the coverage of a sensational crime and its , mostly even before the person who will
eventually preside over the trial even takes cognizance of the offence, and secondly that the
media is not bound by the traditional rules of evidence which regulate what material can, and
cannot be used to convict an accused. In fact, the Right to Justice of a victim can often be
compromised in other ways as well, especially in Rape and Sexual Assault cases, in which often,
the past sexual history of a prosecutrix may find its way into newspapers. Secondly, the media
treats seasoned criminal and the ordinary one, sometimes even the innocents, alike without any
reasonable discrimination. They are treated as a television item keeping at stake the reputation
and image. Even if they are acquitted by the court on the grounds of proof beyond reasonable
doubt. Earlier, journalism was not under pressure to push up TRP ratings or sales. So the
journalists did their work with serious intent and conviction, with courage and integrity. They did
not pronounce people guilty without making a serious attempt to study the charges, investigate
them, and come to their own independent conclusions, without fear or favor. They did not blindly
print what law enforcers claimed, what the bureaucracy said or what politicians planted on to
4 . Online Journal of Communication and Media Technologies Volume: 5 Issue: 2 April - 2015

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them. That is why people trusted them. But now we are seeing a different self-acquired role of
media in form of media trial. Everyone manipulates the media to serve their own interests or
hurt their rivals. The problem does not lie in medias exposing the lacuna of a bad investigation
by police, or of the duties ordained to the civil servants but the eye-brows start to raise when the
media ultra vires its legitimate jurisdiction and does what it must not do. Be it highlighting the
sub-judice issues into public keeping at stake the sanctity of judicial procedures and right to life
with dignity of accused and suspects. The media trial has now moved on to media verdict and
media punishment which is no doubt an illegitimate use of freedom and transgressing the prudent
demarcation of legal boundaries. It is necessary to check prejudicial publicity of the subject
matter pending before a court. It should be legally permissible to pass restraint order on the
media.

200TH REPORT ON MEDIA TRIAL BY LAW COMMISSION OF INDIA

The Law Commissions 200th Report (2006) on Trial by Media points out that in several
countries, including the United Kingdom, Australia and New Zealand, any publication made in
the print or broadcast on the electronic media after a persons arrest, stating that the person
arrested has previous convictions or that he has confessed to the crime during investigation or
that he is indeed guilty, and the publication of his photograph are treated as prejudicial and as
violation of due process required for a suspect who has to face a criminal trial. The Law
Commission observed. If media exercises an unrestricted or rather unregulated freedom in
publishing information about a criminal case and prejudices the mind of the public and those
who are to adjudicate on the guilt of the accused and if it projects a suspect or an accused as if he
has already been adjudged guilty well before the trial in court 5, there can be serious prejudice to
the accused. In fact, even if ultimately the person is acquitted after the due process in courts,
such an acquittal may not help the accused to rebuild his lost image in society. The Law
Commissions concerns are understandable, but the process of Indias criminal justice system is
lengthy and its many cases favour the accused rather than the victim. Therefore, there is a need to
balance the rights of the accused to a fair trial with the rights of the media and the public to
expose these flaws.
5 . Jagannadha Rao, Fair Trial and Free Press: Laws Response to Trial by Media, p. 26.

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The most important research on the positive and negative aspects of media trial has been
elaborated in 200th report of the Law Commission entitled Trial by Media: Free Speech vs.
Fair Trial Under Criminal Procedure that has made recommendations to address the damaging
effect of sensationalized news reports on the administration of justice. While the report has yet to
be made public, news reports indicate that the Commission has recommended prohibiting
publication of anything that is prejudicial towards the accused, a restriction that shall operate
from the time of arrest. It also reportedly recommends that the High Court be empowered to
direct postponement of publication or telecast in criminal cases. The report noted that at present,
under Section 3 (2) of the Contempt of Court Act, such publications would be contempt only if a
charge sheet had been filed in a criminal case 6. The Commission has suggested that the starting
point of a criminal case should be from the time of arrest of an accused and not from the time of
filing of the charge sheet. In the perception of the Commission such an amendment would
prevent the media from prejudging or prejudicing the case. Another controversial
recommendation suggested was to empower the High Court to direct a print or an electronic
media to postpone publication or telecast pertaining to a criminal case and to restrain the media
from resorting to such publication or telecast. The 17th Law Commission has made
recommendations to the Centre to enact a law to prevent the media from reporting anything
prejudicial to the rights of the accused in criminal cases from the time of arrest, during
investigation and trial.

MEDIA AS A WATCH DOG

Media plays a role as Watch dog and bring the facts as it was there which acts as mirror for the
society. It explains only what is happening around and make the legislatures and government for
the answer of doing such acts. In cases media only brings the facts coming from investigation
and put it in front of the society, so that society can be careful of the facts happening around

6 .200th report on media trial under criminal procedure act by justice M.

jagannadha rao

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them. They have a right to know and express their views on that particular case and media act as
ground to bring the voice of the society

CASES RELATING TO MEDIA TRIAL

There are many cases relating to media trial.

In case of Jussica justice was not delivered, it was denied. That was the time when the media
and public come forward together and compelled the prosecution to appeal in Delhi High Court
to fast track the proceedings. Thousands of emails and SMSs on the petition were forwarded by
the media to the President of India for seeking justice7 . Eminent lawyer Ram Jethmalanis
decision to defend Manu Sharma became an object of public decision. CNN IBN termed as
defend the indefensible. He had been specifically targeted and maligned before and during the
proceedings by the fourth estate very crucially. Jethmalani was declared as accountable even
after the acquittal by the trial court . Rejecting this argument, the Bench said, certain articles and
news items appearing in the newspapers immediately after the date of occurrence did cause
certain confusion in the mind of the public as to the description and number of the actual Online
Journal of Communication and Media Technologies .
It is unfortunate that trial by the media did, though to a very limited extent, affect the accused,
but not tantamount to a prejudice which should weigh with the court in taking any different view.
The breakdown of the Indian judicial system was termed as miscarriage of justice by the media.
In front of the India Gate, in support of demanding justice, a candle vigil was organized by
media. Tehlka went for a sting operation, which exposed that the witnesses were bribed and the
story was broadcast by Star News. Public pressure built up with newspapers splashing headlines
such as "No one killed Jessica". At that time the Hindustan Times went for a poll, which exposed
the common people faith in the judiciary by measuring it as near about 2.7 Intense media and
public pressure results the guilty life sentence. The justice was finally delivered delayed but not
denied . This is the case where it clearly proves the corruption of the Indian judiciary system as
well as the influence of money and power. Without medias intervention, it would have not been
possible to get justice for a common man.

7 . Alvarez, L. (2011). Justice for Jessica: A Human Rights Case Study on Media Influence, Rule of Law,
and Civic Action in India. Retrieved March 23, 2013 from http://diginole.lib.fsu.edu/uhm

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There is another incident. Santosh entered in the house in the VasantKunj area of New Delhi with
the help of a domestic servant. After that, he raped her strangling with an electric wire. At last, he
thrashed her head with a helmet. It was January 23, 1996, a black day for Mattos family. He was
arrested based on witness, testimonies, DNA report, the finger print sample, helmet along with
other relevant evidences. Santosh Singh was the son of then Joint Commissioner of Police in
Delhi. Charging that he was stalking Priyadarshini, a complaint was lodged two years back. It
did not even give exact result. Though there was enough reason to nail him. Additional Sessions
Judge acquitted him by giving the benefit of doubt. It was clearly understood that the evidences
were fabricated; the background of acquittal works a lot (Nandi, 2011).
In this case, also the spark of massive public protest and media intervention could be found.
Media was publishing and broadcasting Chamman Lal Matoo (father) interviews seeking for
justice. In the course of few years,Santosh got married, become father. Gradually he started his
career as a lawyer in Delhi. But the media did not give up digging the truth. Investigation by
media exposed numerous lapses in the murder case and case was compelled to reopen. Virendra
Prasad, the domestic servant with whose help Santosh8 entered in the house, was missing, and
that was the reason to weak the case. However, after reopening the case, the journalists traced
him from a village in Bihar. Pubic became frustrated demanding answers of the loopholes in the
law. Public anger through the mediahas been able to pressurize the judiciary system for justice.
Awaited to intense media coverage on February 29, 2000, CBI submitted an appeal against the
verdict of the District Court in the Delhi High Court. Medias scrutiny fast tracks the case on a
daily basis. Due to medias intervention with the help of a speedy trial by 42 days Santosh was
awarded death sentence by the verdict of court. After appealing, the death sentence was
converted into a life sentence . He would have to continue a free happy life after committing
brutal crime taking advantage of weakness of the judiciary system where it is always said the law
is blind. It depends on evidence not on emotion. In Mattos case the justice would have been
denied but only the blessings of media, finally the right justice was delivered- delayed but not
denied.
Several instances of media involvement like Nitish Katara murder case and Bijal Joshi rape case
have assumed significant as well as indispensable option for getting justice. Common people

8. Bhankatesen, J. (2010, April 19). Supreme Court confirms life term to Manu Sharma - The Hindu. Retrieved
March 26, 2013 from http://www.thehindu.com/news/national/supreme-court-confirms-life-term-to-
manusharma/article403180.ece

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gradually are losing the faith on law and order. Media has been considered as the public court.
Media has assumed the role of an opinion maker and creator of public opinion. We have seen that
the power of press is to bring about social and political change. We can refer the victory of
Tehelka, when a special CBI court convicted the former BJP president Bangaru Laxman, of the
charge of accepting money, to facilitate government contracts, who posing as arms dealers. It
was filmed in a sting operation in 2001 .
The Supreme Court pronounced prominent criminal lawyer R K Anand guilty in connection
with the NDTV BMW expos case. The court found him guilty of criminal contempt of court for
attempting to influence the course of justice in the infamous BMW hit-and-run case. The sting
exposed Anand persuading key witness Sunil Kulkarni to change his testimony to save prime
accused Sanjeev Nanda. The apex Court9 also held that the sting operation carried out by NDTV
two years ago was not a typical case of trial by the media but undertaken in public interest.
Several noted lawyers have also welcomed the judgement saying that it would help clean up the
system (NDTV).

Pressure On Judges In High-Publicity Trials

The media create a series of unconscious pressures on a juror in a high-profile trial. Jurors know
that they are being watched by the world. They are not only making a decision for themselves,
but they are making a statement for their family, co-workers, community, and society as a whole.
This elevates their verdict to a level beyond the evidence. In interviewing jurors after the trial of
Hollywood madam Heidi Fleiss, many jurors expressed how they hoped that the police would
use their resources more wisely than to prosecute victimless crimes. When talking about the
testimony of Dr. Irwin Golden, who was the coroner in the Simpson case, juror Marsha Rubin-
Jackson said:
But it comes to the point in this particular case where Dr. Golden has made thirty errors. Now,
you can't tell me this man has not made errors on previous autopsies . . . . But this just happened
to be a case that came to the court as a 'high-profile' case and the problems were brought to
everyone's attention

9 . Nandi, K. (2011). Investigative Role of Media: Responsibility to the society. Retrieved March 27, 2013 from
http://www.caluniv.ac.in/Global%20mdia%20journal/student_research/SR%206%20 KATHAKALI%20NANDI.pdf

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 CONCLUSION

Though media act as a watchdog as well as platform to bring people's voice to the notice of
society and legislatures. But now days media has became popular and they just do for their

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salaries and TRPs. there are some reporters who shows only those news for what they had been
paid by political parties, it becomes clear that the media had a more negative influence rather
than a positive effect . The media should be properly regulated by the courts. The media cannot
involve a freely in the court proceedings as they are not some sporting event..

The most suitable way to regulate the media will be to exercise the contempt jurisdiction of the
court to punish those who violate the laws. The use of contempt powers against the media
channels and newspapers by courts have been approved by the Supreme Court in a number of
cases. The media should not be allowed freedom of speech and expression to an extent as to
prejudice the trial itself. Certain cases are so popular for a day or two, so that you switch to any
channel, they all reporting the same story but when the problem is solved there is no following
of the case.. Media will focus on the case for few days and leave it as they find other news .

Trial is very badly effected by the Media sensation. Judges while making decision considering
Media criticism if they goes opposite to the view of the Media. so in high profile cases verdict
passes by media becomes the final verdict in trial courts.

REFERENCE
1.Jagannadha Rao, Fair Trial and Free Press: Laws Response to Trial by Media, p. 26.

2.Online Journal of Communication and Media Technologies Volume: 5 Issue: 2 April - 2015

3.Trial by Media: An International Perspective by Justice R.S. Chauhan* Cite as: (2011) PL
October S-38

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4.http://www.lawteacher.net/free-law-essays/commercial-law/effect-of-trial-by-media-before-
courts-law-essay.php#ixzz3q16aqiKg

5.http://www.lawteacher.net/free-law-essays/commercial-law/effect-of-trial-by-media-before-
courts-law-essay.php#ixzz3q16aqiKg

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