Balancing Justice: Navigating Media Influence In High-Profile Cases

GUILTY UNTIL PROVEN INNOCENT?

INTRODUCTION

An observation in Benjamin Franklin's letter penned in 1785 certainly finds its flavour in Article 21 of the Constitution Of India, it read:

"It is better that ten guilty escape than one innocent suffers."

Time and again, the Constitutional Courts of India have reiterated and emphasised on the vital aspect of providing a fair trial to the Accused. The Apex Court had observed that if fair trial envisaged under the Code is not imparted to the Parties and has reasons to believe that the prosecuting agency has not adhered to it, the Court has sufficient powers under the Code to sub serve the cause of Justice.¹

The Apex Court while emphasising on the Importance of Fair Trial observed "Assurance of Fair Trial is the first imperative of the dispensation of Justice."²