trial by media cases

Once, Mr. Ram Jethmalani, an eminent lawyer was subject to public derision because he decided to defend Manu Sharma, a prime accused in a murder case due to which he backed out and Manu had a mediocre lawyer representing him against one of the best lawyers in the opposition thus not giving him an equal opportunity to seek justice. We came face to face with the true power of New Media. The role of media was debated in the Priyadarshini Mattoo case, Jessica Lal Murder Case and likewise many other high profile cases. The Supreme Court has strongly deprecated the media for interfering with the administration of justice by publishing one-sided articles touching on merits of cases that was sub-judice especially in cases of rape where the identity of the victim must be maintained a secret and sometimes the press for publicity reveal the name of the victim even though this is an offence under Section 228A of the Indian Penal Code. He said that though the authorities were independent bodies they adjudicated complaints based on the programme code stipulated in the Cable TV Regulation Act and was answerable to the ministry of information and broadcasting. What is even more surprising is that many women in this country, forget sympathising, were quick to pronounce her guilty of murdering the person she loved. There have been numerous instances in which media has been accused of conducting the trial of the accused and passing the ‘verdict’ even before the court passes its judgment. , Chandigarh , Dehradun, But, they are all going to go free from facing any repercussions. Hence, there must be proper regulation of media by the courts in order to avoid the regular clash and the balance between freedom of press and rights of the accused should be maintained and that will be done taking into consideration the guidelines under the 200th report of law commission titled, “Trial by Media: Free Speech vs. Fair Trial Under Criminal Procedure” (Amendments to the Contempt of Court Act, 1971).

31 - Education Department Of School Education & Literacy, A Stay Order will expire within Six months, Understanding Secularism In Indian Democracy: Concept, Crisis And Fate, a) Article 21, 19(1)(a) of the Indian Constitution, c) Articles 2(a)(b)(c), 3(2), 129 and 215 of the Contempt of Courts Act, 197. Delhi, Mumbai, You can also submit your article by sending to article@lawyersclubindia.com.

This mixtape of Politics, Media and the life of a person reminds me of the song Des Mera Rangrez Ae Babu from the most relatable movie, Aamir Khan Productions’ Peepli Live.

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trial that most of us have never experienced before. I’m sure government policies are also soon going to be announced in his name. 2) Case laws under consideration will be: a) Presumption of the innocence of an accused is a legal presumption and should not be destroyed at the very threshold through the process of media trial and that too when the investigation is pending. The Bombay high court (HC) on Friday concluded hearing arguments in the public interest litigations (PIL) filed by eight former police officers from Maharashtra, as well as others, seeking restraining orders against the media trial in the Sushant Singh Rajput death case. Even before the court takes cognizance of the case, the media itself conducts a separate investigation and build a public opinion against the accused, prejudicing the public, a fair trial or results by presuming the accused as a person who has indeed committed the crime as a result of which his rights and liberty go unredressed. The involvement of top 3 government agencies in a case of suicide points out towards the political will of ‘giving justice’ to Sushant Singh Rajput. Or it might have been the simple fact that Sushant belonged to the poll-bound state of Bihar. Media Trial vs Fair Trial (Judicial Trials) In India, a person has a right to 'Fair Trial' and 'Free Legal Aid' under Section 304 of the CrPC. We can see in cases like Priyadarshini Mattoo Case that where the law failed, media pulled up its socks and ensured that justice was not denied. Another worrying factor and one of the major allegations upon ‘media trial' are prejudicing the judges presiding over a particular case. Indore, The concept of media trial is not a new concept. To ensure that the accused gets free and fair, just and reasonable trial of charge in a criminal case the right to be defended by a legal practitioner, flowing from Article 22 (1) of the Constitution has further been fortified by the introduction of the Directive Principles of State Policy embodied in Article 39(A)inserted into the Constitution through the 42nd Amendment Act of 1976 and Section 304(1) of the Code of Criminal Procedure. Fair trial means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated.

We came face to face with the true power of New Media. Rhea’s private chats, clothes she wore, her past in the industry, her immediate family, her non-immediate family, security people in her society, her milk person, even a random food delivery person, were all made witnesses in her T.V.

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