MEDIA TRIAL: A HINDRANCE IN DISPENSATION OF JUSTICE

By: Syed Mohammad Aamir Ali & Mohd Imran

 

“Fair is foul and foul is fair” recollecting the lines ensmaxresdefaulthrined in Shakespeare’s play Macbeth, one
could indisputably perceive what it contemplated acceptable today may conceivably be malevolent
and vice versa perchance deplorable now and adequate in future. To understand the antagonism
of free trial and free media one has to reflect on the evolutions of court and media and its present
scenario. The judiciary and the media share a common bond and play a complimentary role to
each other; man is the centre of of their universe. Both the judiciary and media are engaged in the
same task; to discover the truth, to uphold the democratic values and to deal with social, political
and economic problems. Media as referred to by many as the “eyes and ears of the general
public”. Media intervention in under trial cases has become very normal affairs in the society.
Judges are compelled somehow to take decision according to the follow up of Media criticism. For
which, declaration of verdict by media becomes the final verdict in trial courts especially in many
high profile cases. Reincarnated as public court, media separately starts investigation and forms
public opinion. It is obvious that to run the democracy very smoothly, a free and healthy media
functionary is needed. But most of the time the freedom of expression is engrossed the controversy
by the sub clause (2), article 19 of the Constitution of India. It does not embrace the freedom to
contempt of court. The journey from ‘mission to profession to creation’ or in other words ‘passion
to fashion’ endorses the selling of human values. This paper is a humble effort to analyze the need
of media involvement and playing a crucial role in establishing the justice in the society. 

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