From the latest reports
available, it appears the Supreme Court has pronounced its verdict on the issue
of framing of guidelines for reportage of sub-judice matters (Readers may note
that I had written
on this issue just a few days ago). The decision was delivered in a petition in
which Sahara alleged that certain documents relating to a pending legal
proceeding between Sahara and SEBI was leaked to the media.
In February 2012, the Supreme
Court had hauled up SEBI for leaking to the media details of Sahara’s proposal
enumerating collaterals to secure investors’ interest. In February, the
following was reportedly
the Court’s observation:
"We are distressed to note that even 'without prejudice' proposals
sent by counsel for the appellants (Sahara) to the counsel for SEBI, has come
on one of the TV channels. Such incidents are increasing by the day. Such
reporting not only affect the business sentiments but also interfere in the
administration of justice," a bench headed by Chief Justice S H Kapadia
said.
Today, in its judgment, the SC has observed
that norms and guidelines regarding reportage of sub-judice matters cannot be
made across the board. Further, it held that there can be no guidelines for matters
that are sub-judice.
Further, the Court said that restrictions
relating to sub-judice matters must be made on a case-to-case basis. The Court
apparently has cautioned journalists that they should know the “Lakshman rekha”
so that they don't cross the line of contempt.
According to the Court, freedom of speech
and expression is not an absolute right under the Indian Constitution and that the
doctrine of postponement of reporting has been evolved as a preventive measure,
and not as a prohibitive and punitive measure. Critically, the Court observed
that the restriction on publication of court proceedings is with a view to
protect public interest.
I will discuss this judgment as and when I
have a copy of it.
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