Media trials impede the faith of the public in the justice delivery system - Kerala HC

BENCH: Justice Mohammed Nias CP 

CASE: TN Suraj v State of Kerala

Recently, the Kerala High Court held that media scrutiny on cases and the publishing of half-truths and leaked information about ongoing trials impede the faith of the public in the justice delivery system. The Court held that the hypothesis by media on the outcome of ongoing investigations/court proceedings is not protected under Article 19(a) of the Constitution, freedom of the press. 

Even though media interests are permitted in a democratic country like India, it is impermissible to suggest/publish/telecast that a person is guilty or a witness is unreliable. 

FACTS

Suraj, the brother-in-law of cinema actor Dileep, moved to the HC, seeking a gag on media, specifically Reporter TV from reporting about him in a murder conspiracy, in which Suraj and Dileep are accused. The petitioner submitted that the respondent channel was subjecting him to a media trial by issuing fabricated allegations against him. He further alleged that two of the officers investigating the case were leaking information to the media.

HELD

"Media cannot usurp the jurisdiction of the courts, which alone has the authority to decide the guilt/innocence of a person. The Constitution grants every person the right to ensure that he is tried per the criminal law procedure laid down and based on the evidence and without the court trying the case being influenced by a parallel trial by media."

The Court issued an interim gag order preventing the respondent from publishing anything related to the case for three weeks.