ISSUE – III

Whether the media trial by the public has any bearing on the criminal
procedure in the instant case?

As fact States that On 23-01-2024, based on investigation, the Police arrested

Javed, Rajesh, Deepak and Joel. In the meantime, as soon as the news became
viral, people all over the country started protesting and the news became trending
all over Social Media and people demanded Justice for Sunaina. People from
various political background as well as Film Industry and Media houses demanded
speedy Justice and #Kill The Rapists became viral all over the Country and the
Government took initiative for a speedy disposal of the case.

And as soon as the News became viral, the entire Country rejoiced and supported
the action of the Police and the same was called an "Act of Bravery" by various
Political Leaders.

The above fact stated will clearly shows that the police officers have not taken any
influence of media where the act of the police is right and media is not influencing
on the criminal proceeding in the instant case since the media trial by the public is
related to the criminal proceeding in this instant case but media trial is not
influencing the act done by police officer.

In another significant ruling titled “R. Rajagopal v. State of Tamil Nadu”(AIR

1995 SC 264), the Supreme Court clarified that Article 19(1) ensures freedom of
speech and expression, which also covers the right to freedom of the press. But this
privilege is subject to reasonable constraints as Article 19(2) expressly lists
decency and defamation as two of the grounds to curtail the rights of the media.

According to the case mentioned above which clearly States the provisions of
article 19 of Indian constitution which also includes freedom of the press where
the media is having all rights to give information about the case which is
happening around the society to bring awareness among the people of same
society.

The influence of media hearings, while significant in shaping public opinion, is

carefully segregated from the legal proceedings conducted within the courtroom.
The cornerstone of the legal system lies in its ability to administer justice
impartially, solely based on the evidence and arguments presented within the
confines of the courtroom.

The judiciary is entrusted with upholding the principles of justice, fairness, and
impartiality, irrespective of external influences. Judges are rigorously trained to
evaluate evidence objectively, apply the law impartially, and render judgments
based on legal principles rather than public sentiment.

While media hearings undeniably shape public perception and discourse, they are
carefully cordoned off from the legal proceedings conducted within the courtroom.
The judiciary remains steadfast in its commitment to upholding the rule of law and
ensuring a fair and impartial trial for all parties involved, regardless of external
influences.

The renowned Public Interest Litigation case known by the name of “Nilesh
Navalakha v. Union of India”(2021 SCC Bom 56) was the first occasion when
any court established standards on how media publications and networks should
report legal proceedings.

The Court issued several norms which include the following fundamental
directives:

#The privacy and dignity of the victim must always be respected;

#The sensitive information related to the case should never be made public.

#The confession/admission made in front of an investigator cannot published;

#The interviews of anyone who is connected to the case may not be undertaken
when the matter is sub-judice.