Media Trial Versus Free And Fair Administration Of Justice: Need For Guidelines

Freedom of Press is not specifically mentioned in Part III of Indian Constitution, however the Hon'ble Supreme Court in a number of judgments has recognized that freedom of speech and expression also includes freedom of press¹. In rapidly changing socio-economic conditions of a country like India, the role of media/ press has gained prominence and hence it is often quoted that "Media" is the fourth pillar of Indian Democracy. According to criminal jurisprudence, a suspect/accused is entitled to a fair trial and is presumed to be innocent till proven guilty by a Court of law. None can be allowed to prejudge or prejudice his case till the completion of trial. However, media on account of excessive coverage goes beyond its domain and publishes and covers interviews of witness or relative of a victim and prejudges the issue of conviction of the accused while the matter is pending adjudication in a court of law. This has a tendency to prejudice the mind of Court, prosecutor