Sandeep Suman, Melveen Abhishek
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Mr. Sandeep Suman1, Melveen Abhishek2
1Faculty of Code of Criminal Procedure, Hidayatullah National Law University, Raipur
27th semester, B.A. L.L.B (Hons.), Hidayatullah National Law University, Raipur
Volume - 2,
Issue - 2,
Year - 2014
The subject of media by trial is very debatable among civil rights activists, constitutional lawyers, judges and academics. Though Media is regarded as one of the pillars of democracy and it has wide ranging roles in the society. But so far as the administration of criminal justice is concerned it also acquires a greater responsibility. In a democratic country, freedom of expression is an important right but such a right is not absolute in as much as the Constitution itself, while it grants the freedom under Article 19(1)(a), permitted the legislature to impose reasonable restriction on the right, in the interests of various matters, one of which is the fair administration of justice as protected by the Contempt of Courts Act, 1971. Such liberty is imposed upon media to avoid any chaos in the society.
Lord Atkin presented a view that Liberty does corrupt into license and is prone to be abused. Every institution is liable to be abused, and every liberty, if left unbridled, has the tendency to become a license which would lead to disorder and anarchy.
Freedom of media is the freedom of people as they should be informed of public matters. It is thus needless to emphasis that a free and a healthy press is indispensable to the functioning of democracy. It has now reincarnated itself into a ‘public court’ (Janta Adalat) and has started interfering into court proceedings. It completely overlooks the vital gap between an accused and a convict keeping at stake the golden principles of ‘presumption of innocence until proven guilty’ and ‘guilt beyond reasonable doubt’.
Cite this article:
Sandeep Suman, Melveen Abhishek. Trial by Media and Criminal Justice Administration. Int. J. Ad. Social Sciences 2(2): April-June, 2014; Page 92-97.