No excllucive guidelines to regulate media reporting of sub-judice matters: SC
The Supreme Court on Tuesday laid down a constitutional principle
where aggrieved parties can seek from appropriate court the postponement
of the publication of court hearings and a decision taken on a
case-by-case basis.
The court, however, refrained from framing broad guidelines for
reporting of sub-judice court matters, saying it cannot be done "across
the board."
The bench observed that freedom of speech and
expression is not an absolute right under the Constitution and the
journalists should understand the 'lakshman rekha' so that they do not
cross the line of contempt.
A five-judge bench headed by Chief
Justice SH Kapadia said it was laying down the constitutional principle
which will allow the aggrieved parties to seek from appropriate court
the postponement of the publication of court hearings.
The bench
said the concerned court will decide the question of postponement of
reporting court proceedings on case-by-case basis.
"We are not
framing guidelines but we have laid down constitutional principle and
appropriate writ courts will decide when the postponement order has to
be passed on case-by -case basis," the bench also comprising justices DK
Jain, SS Nijjar, Ranjana Prakash Desai and JS Khehar said.
"Hence, guidelines on media reporting cannot be framed across the board," the bench said.
While
propounding the doctrine of postponement of publication of court
proceedings, the bench said it is a preventive measure and not a
prohibitive and punitive measure.
It further said that temporary
ban on publication of court proceedings is necessary to maintain balance
between freedom of speech and fair trial for proper administration of
justice.
The bench said the postponement of publication of court
proceedings would be required where there is a substantial risk of
prejudicing the trial and administration of justice.
Further the
CJI, who read the judgement, said reasonable restrictions on reporting
of court proceedings were needed for societal interest and this doctrine
of postponement is one of "neutralising technique".