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Motives and Economic Reasons for Bank Mergers and Acquisitions JOURNAL OF CRITICAL REVIEWS ISSN- 2394-5125 VOL 7, ISSUE 17, 2020 Impact of Media Trials in Bringing Criminals to Justice (A Case Study of Tihar Jail, New Delhi) Ramendra Nath Verma1 , Prof. (Dr.) Eqbal Ahmad2 Ph.D Research Scholar1 and Professor2, School of Media Film & Entertainment (SMFE), Department of Mass Communication, Sharda University, Greater Noida Received: 10 April 2020 Revised and Accepted: 26 June 2020 Abstract: Media is regarded as one of the four pillars of democracy. Media plays a vital role in moulding the public opinion in the society and it is capable of changing the whole viewpoint through which people perceive various events. The media can be commended for starting a trend where the media plays an active role in bringing the accused to hook. This phenomenon is popularly called as media trial. In recent times there have been numerous instances in which media has conducted the trial of an accused and has passed the verdict even before the court passes its judgment. Some famous criminal cases that would have gone unpunished but for the intervention of media, are Priyadarshini Mattoo case, Jessica Lal case, Nitish Katara murder case, Shina Bora Murder case, Arushri Murder Case, Nirbhaya rape case etc. A trial by media amounts to travesty of justice if it causes impediments in the accepted judicious and fair investigation and trial.1 The ethics of journalism have always been in a controversy due to their prying eyes on the accused. However, media freedom also entails a certain degree of responsibility. Keywords: Media, Trail, Criminals, Justice I. INTRODUCTION Media is rightly called the fourth estate. In today’s time, media is certainly the most powerful instrument for transmission of information as well as opinion. Media trials, a concept that gained popularity in the twentieth century, pertains to the media’s tendency to run parallel investigations during the Court proceedings and thereby exerting its hegemony over the people. Media trials have to be adjudged in light of the fundamental freedom of speech and expression as well the right to privacy. Owing to the adverse impact of media trials on the rights of the accused and suspects as well as its inherent potential to prejudice judges themselves it is imperative that a suitable mechanism is created whereby uncensored press can be regulated within the domain of freedom of press. A person is presumed to be innocent unless he is held guilty by the competent court, but here the trend is to declare a person guilty right at the time of arrest. The media is there to report facts or news and raise public issues; it is not there to pass judgments.The right of the media to report important court processes and proceedings emanates from the right of the citizens to know, to educate and to be educated about the truth. However, along with this right also comes a great sense of duty, a duty that’s implied by the Constitution. It is a duty to report fairly, objectively and accurately. Any digression from this duty attracts restrictions and limitations that protect the rights of individuals. This balance of rights and duties is implicit in the Constitution itself. Throughout history the various forms of mediated communication have always reflected an apparent massive interest in crime, criminals, punishment, and justice. In other words, over time print, sound, visual, and new media alike have always depended on responsive audiences (or “ratings”). 1 Manu Sharma Vs. State (NCT of Delhi) 2010(2)ACR1645(SC), AIR2010SC2352 780 JOURNAL OF CRITICAL REVIEWS ISSN- 2394-5125 VOL 7, ISSUE 17, 2020 II. TIHAR JAIL Tihar Prision, also called Tihar Jail and Tihar Ashram, is a prison complex in India and the largest complex of prisons in South Asia.[2] Run by Department of Delhi Prisons, Government of Delhi, the prison contains nine central prisons, and is one of the two prison complexes in Delhi, along with a district prison at Rohini Prison Complex. It is located in Tihar village, approximately 3 km from Janakpuri, to the west of New Delhi, India. The surrounding area is called Hari Nagar. The prison is styled as a correctional institution. Its main objective is to convert its inmates into ordinary members of society by providing them with useful skills, education, and respect for the law. It aims to improve the inmates' self-esteem and strengthen their desire to improve. To engage, rehabilitate, and reform its inmates, Tihar uses music therapy, which involves music training sessions and concerts. The prison has its own radio station, run by inmates. There is also a prison industry within the walls, manned wholly by inmates, which bears the brand Tihar. As of December 2012, Tihar jail has 10,533 inmates against the sanctioned capacity of 5,200. Though the figure is down from around 12,000 in 2006, the prison remains seriously overcrowded. III. OBJECTIVES OF THE RESEARCH The main objective of this study is to determine if there is any relationship between media trials and the criminal justice system. To examine the impact of media trials of justice on Criminals residing in Tihar Jail To study legal implications of trial media on Judicial system To examine negative and positive impact of media trails on criminal justice system To study the impact of media trails on the victims life and their family during hearing of cases and judicial review. HYPOTHESIS TO BE TESTED There is a significant influence of media trails on criminal justice system in India. RESEARCH QUESTIONS Are the media trails really helping in speeding up the Judicial Process? Are media trails affecting the judgments through sensationalizing the Cases? What are the positive and negative impacts of media trials on Criminals residing in Tihar Jail? Is there any relationship which exists between media trials and the criminal justice system in India? What are the legal implications of trial media on Indian Judicial system? IV. LITERATURE REVIEW [Pinky Anand, 2018] The Code of Criminal Procedure, 1973 (the CrPC) is the procedural law providing the machinery for punishment of offenders under the substantive criminal law, be it the Indian Penal Code, 1860 or any other penal statute. The CrPC contains elaborate details about the procedure to be followed in every investigation, inquiry and trial, for every offence under the Indian Penal Code or under any other law. It divides the procedure to be followed for administration of criminal justice into three stages: namely investigation, inquiry and trial [Owens, 2010] A person is presumed to be innocent unless he is held guilty by the competent court, but here the trend is to declare a person guilty right at the time of arrest. [Stevens, 2010] In the criminal justice system, which we have been following, the guilt is to be proved beyond reasonable doubt and the law is governed by senses and not by emotions. While displaying our emotions, the media and the masses forget that it puts tremendous pressure on the judge presiding over the case. How can we expect a fair judgment from a judge who is under such tremendous pressure from all sections of the society? [Marsh and Melville, 2009]The representations of the former are typically portrayed as dangerous offenders who threaten the well being of otherwise lawful societies. The representations of the latter are less frequent and 781 JOURNAL OF CRITICAL REVIEWS ISSN- 2394-5125 VOL 7, ISSUE 17, 2020 less scrutinized. They are obtainable as anomalies, exceptions, or glitches in the normative order—that is, sometimes “shit happens”—in any case, these offenders and their offenses are not to be taken seriously or treated as real crime or with any thought given to the systemic negative consequences for the well being of the rest of society. [Jeremy Bentham 2008] “Where there is no publicity, there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It keeps the judge himself while trying under trial.”2 V. NOTABLE PRISONERS Sanjay Gandhi, former Member of Parliament and scion of the Nehru-Gandhi family Abhijit Banerjee, Nobel laureate, arrested for involvement in student protests while at JNU Kanhaiya Kumar LaluYadav Subrata Roy Chhota Rajan Sudhir Chaudhary Satwant Singh and Kehar Singh, hanged for the assassination of Indira Gandhi.Charles Sobhraj, an international serial killer, escaped from Tihar on 16 March 1986, but was recaptured shortly thereafter, returned to the prison and sentenced to an additional ten years for the escape. He was released on completion of his term on 17 February 1997. Ripun Bora, education minister of Assam's Tarun Gogoi- led Congressional government, the main suspect in the Daniel Topno murder case, was arrested by CBI officials on 3 June 2008 and sent to Tihar on 7 June 2008. The accused in the 2G spectrum case, including A. Raja, M. K. Kanimozhi, Vinod Goenka, Shahid Balwa, and Sanjay Chandra Suresh Kalmadi, former president of the Indian Olympic Association, who was arrested for alleged corruption regarding the 2010 Commonwealth Games. Kuljeet Singh and Jasbir Singh, executed in 1982 for the Geeta and Sanjay Chopra kidnapping case. Amar Singh, former member of the Samajwadi Party, arrested in a cash-for-votes scandal. Anna Hazare and Arvind Kejriwal, Indian social activists fighting against corruption, were imprisoned in Tihar for protesting conflicts between differing Civil Society and UPA Government anti-corruption bills, known as the Jan Lokpal Bill and the Lokpal Bill, respectively. Jagtar Singh Hawara and Paramjit Singh Bheora, Khalistani militants, main accused in the assassination of Punjab Chief minister Beant Singh Abhishek Verma (billionaire arms dealer), one of main accused in Navy War Room Leak case & Scorpene Sub marines deal.
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