The Supreme Court, proposing guidelines for the media about reporting of the proceedings of pending criminal cases, on Tuesday discounted the impression that the norms will affect the media as a whole or the editorial contents.
Chief Justice of India S.H. Kapaida, heading a five-judge constitution bench examining the issues for the guidelines, said the exercise was aimed at protecting the victims of the crime, accused and witnesses alike, from the “exaggerated” reporting of the events of a case under trial and drawing of any “presumptions and assumptions” about the guilt of a person on the basis of media “analysis” even before the court has pronounced its judgment.
Giving a broad hint as what the shape of the guidelines will be, the CJI said those will help the courts to take appropriate steps to protect the victims, accused and witnesses from any “insinuation”. But to prove the charge against the media, the affected person will have to bring before the trial judge “substantive” material to show that his or her rights were affected due to such reporting.
Emphasising that the guidelines will be strictly within the “Indian jurisprudence” and having no influence of the jurisprudence of any other nation, including the US, cited by several counsel, Justice Kapadia said, “We are laying down what the courts should do, not what the media or editorial should do.”
Since the “presumption of innocence” of a person till proved guilty by the court is the basic principle of the law, the top court said, “If a person’s right to have a fair trial is affected due to wrong reporting by the media, where will the affected person go?”
“He will go to the court. But how the court will decide if there are no guidelines. It (guidelines) will apply to all, the victims of the crime, accused and the witnesses. The rights of every one have to be protected,” the CJI said.