Supreme Court of India warns media to know its laksman rekha

NEW DELHI: In the first ever judgment balancing media's right to report and the right of an accused to fair trial, the Supreme Court has said that media must know its lakshman rekha and not cross it to prejudice fair trial or breach the accused's right to defence.

The apex court has said that the postponement of publication of trial court proceedings could be ordered by the apex court or any high court only for a short duration without infringing the contents of the report ordered to be published later.

The Supreme Court has said that media's right to freedom of expression was not an absolute right and hence it thought fit to evolve the doctrine of postponement to balance the rights of media and accused.

The court said it has evolved the constitutional doctrine of postponement to avoid journalists being hauled up for contempt of court every now and then for prejudicing the accused and interfering in the administration of justice with their reports.

It ruled that the order for postponement of reporting of trial proceedings would come under the reasonable restrictions imposed on right to free speech under Article 19(2) of the Constitution.

The court said the doctrine of postponement of reporting has been evolved as a preventive measure and not as a prohibitive and punitive measure.

SC, however, refused to frame any guidelines on media reporting as the factual scenario differed from case to case.

On case to case basis, when an accused feels his right to fair trial was being violated by media reporting, he could move the concerned high court or the Supreme court to seek postponement of publication of trial proceedings, the apex court ruled.


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