What Kind Of Reporting Amounts To 'Media Trial'? Bombay High Court Gives Guidelines

The Bombay High Court on Monday in its 251-page judgement on a clutch of PILs regarding 'media trials' in the Sushant Singh Rajput death case, observed that the media ought to avoid reports touching upon an ongoing investigation and present facts which are in public interest rather than "what, according to the media, the public is interested in."

Media Trial Interferes With Administration Of Justice; Amounts To Contempt Of Court : Bombay High Court

The Court also gave certain illustrations of the prejudice caused to investigation due to unregulated media trial. The Court demonstrated how such media reports can affect the accused, witnesses, police etc.

1. Impact, qua the accused, is that, he could be put on guard. If an accused is not being trailed by the police, it does not mean that the investigator is turning a blind eye towards him. The essence of a police investigation is skillful inquiry and collection of material and evidence in a manner by which the potential culpable individuals are not forewarned. Because of unnecessary meddling by the media, the accused can destroy evidence and avoid arrest by absconding, making the task of the investigator difficult in searching for the truth.

2. Impact, qua an innocent person, if he were projected as an accused along with the principal accused and hounded by the investigator based on media reporting, is that he stands the risk of his reputation, built up on years of sincere efforts and good work, being damaged beyond imagination and may, in rare cases, lead to suicide or attempts in relation thereto. It does not take much timefor the viewers of the media report to forget the past good deeds of such person and to accept as gospel truth what has been reported by the media, but insofar as the targeted individual is concerned, the loss, injury and prejudice could be irreparable. This would be against a just social order.

3. Impact, qua a vital witness, is that he could be won over, threatened or even physically harmed to ensure that he does not tender evidence. Nothing can be more damaging in the pursuit of truth if a vital witness does not turn up for tendering evidence or even if he turns up, is declared hostile by the prosecution for reasons too obvious. The prosecution theory would fall into pieces, unless of course there is other credible evidence to nail the accused.

4. Impact, qua the investigator, could be equally pernicious and cause miscarriage of justice. On account of human failing, the investigator could be influenced by the media reports; although he may be following a particular track, which in fact is the right track, he could abandon the right track and follow a different track leading him to nowhere. On the contrary, if the investigator instead of changing tracks as suggested by the media follows the track chosen by him, he could be maligned by the media and accused of improper investigation creating an adverse opinion in the minds of the viewers which, in any circumstance, is undesirable and unwarranted.

5. Impact, qua the investigation, is that publicity in respect of certain aspects of a case by media reporting that the investigator is indulging in secrecy can hamper the course of due investigation. Although trials in court are open proceedings to which each member of the public can have access unless proceedings are held in-camera, there is no law requiring the investigator to conduct investigation openly and to lay before the public, at different stages of investigation, evidence that he has collected in course thereof.

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