Supreme Court Of India On Trial By Media

• Published date: 18 November 2020
• Subject Matter: Litigation, Mediation & Arbitration, Media, Telecoms, IT, Entertainment, Trials & Appeals & Compensation, Media & Entertainment Law
• Law Firm: Karanjawala & Company
• Author: Debmalya Banerjee and Aman Singh

The only saving grace, it seems is that the Lady of Justice is blind. If she could see the slow but steady decline of the our moral standards as a society surely her head would hang in shame. The Fourth Estate has been regarded as one of the sentinels guarding the existence of the society. However, it is troublesome to observe that from what has been exhibited recently, it has fallen far from grace. The cacophony surrounding the death of a popular Bollywood actor has revealed the dark underbelly of the media and its nefarious appetites. The entire episode has played out in the open in lurid detail for all to see. The media slowly became victim to the same mob mentality that it initially generated in the public. Entertainment was incentivised and an entire nation fell prey to the stupor of a real life thriller unfolding before their eyes.

We must not forget that as responsible citizens we still have a duty to make an attempt to understand phrases such as 'media trial', 'freedom of speech', 'right to a fair trial' etc. It is in context that we must understand the role of Supreme Court of India (hereinafter referred to as "the Supreme Court") in shining a guiding light on the various aspects involved. In the matter of Manu Sharma v. State (NCT of Delhi); (2010) 6 SCC 1 (hereinafter referred to as "the Manu Sharma matter"), the Supreme Court made a reference to Nature of Judicial Process, the work of Benjamin N. Cordozo, a former Justice and one of the erstwhile pillars of the American Supreme Court as also the matters of P.C. Sen, In re; AIR 1970 SC 1821 and Reliance Petrochemicals Ltd. v. Indian Express Newspapers, Bombay (P) Ltd.; (1988) 4 SCC 592. This was done with a view to highlight that judges are subconsciously influenced by several forces.

In an eventuality where a high profile investigation is going on amidst a media frenzy, it is only logical to conclude that a potential Judge or Investigating Officer in the matter is also following the case. Judges and Investigating Officers are a part of the same society that they stand in judgment or scrutiny over and are susceptible to the same human fallibilities as the common man. Needless to say that in principle it is the ability of a Judge as well as an Investigating Officer to be impartial and uninfluenced which is a pre-requisite. Therefore, a widely publicised "media trial" where potential theories are explored without having to pass through the scrutiny of established judicial principles and laws of...