LEXKHOJ RESEARCH JOURNAL OF LAW & SOCIO-ECONOMIC ISSUES

ISSN: 2456-4524

VOLUME III ISSUE I

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Mr. Mukund Maheshwari

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Ms. Poorva Pandey

Editor

Ms. Mansi Chhabra

Editor

Ms. Khushboo Kejriwal

Founding Members

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Ms.Sukriti Ghai

Ms.Yogita Lohia

ANALYSIS OF MEDIA TRIALS IN INDIAN LAW

Anjali Tyagi, Alliance University, Bangalore Aadrita Biswas, Alliance University, Bangalore ABSTRACT

The media has enormous control over the public; in India, the media appears to intervene with court proceedings. Media interference in under-trial cases has been a common occurrence in society. Judges are forced in a way to make decisions based on media criticism. As a result, in many high-profile cases, the media's announcement of judgment becomes the final verdict in criminal courts. The aim of this research paper was to analyze the influence of media trials on the Indian criminal judicial system and to analyze it using case studies in which decisions were rendered using media parallels.

Keywords:- Media, Society, Trial, Criminal Courts, Media Interference.

INTRODUCTION

In India, criminal law is based on the principle that an accused person is entitled to a fair trial and is presumed innocent unless proved guilty beyond a reasonable doubt. Due to exclusive publicity, the media goes to great lengths to report and publish interviews with witnesses, victim's family, and legal fraternity members, among other things, which can cause bias to a trial proceeding in particular judicial matter. In reality, since media reaches out to the masses quickly, this has an impact on the public's view. We also had seen a dramatic increase in media influence in the process of access to justice in a variety of cases involving corruption, abuse, murder, sexual assault, and terrorist acts in the last decade. “Media advocacy places an indirect burden on adjudicating officials to provide justice to victims, which can disrupt judicial proceedings and jeopardize the accused's ability to prove his innocence. The effect of newspaper and television reports on a person's image by generating a common presumption of guilt, independent of any

court of law decision1. In today's world, media freedom is seen as akin to people's freedom. It is also unnecessary to stress that every person has a right to be informed about all issues that concern them through the media. However, it is thought provoking that the media in today's world is such a strong force that it manipulates and creates public opinion by promulgating information that is assumed to be real without challenging its veracity. The media ignores the central concept that governs Indian trials: "Guilty beyond a reasonable doubt" and "Innocent unless proven guilty." In order to draw more viewers, the media maligns and tarnishes the reputation of mere criminals, even before the courts, and labels them as guilty. By focusing on one-sided claims and taking the simple route of simply fueling public indignation rather than attempting to uncover the truth, the media may cause significant damage, which is seldom considered by the media.

ORIGIN OF MEDIA TRIAL

While the term "Media trials" was coined recently, the phrase derived its meaning from the case of Roscoe "Fatty" Arbuckle, who was discharged by a court of law but lost much of his credibility and dignity, as well as his career, after the media pronounced him "guilty." Another well-known example is the trial of O.J. Simpson , in which the media heavily supported the case and profoundly affected the minds of audiences despite the court's status. It is clear that the media strongly promotes or controls public opinion. The media trial begins well before the real court trial. The media performs parallel hearings in cases such as arrest, bail, search, confessional statements, and interrogation with the aim of increasing dissemination or changing the course of justice. It imposes a burden on a trial court, which is required by the Constitution to mitigate the impact of prejudicial publicity. The media and judiciary perform public functions and should maintain their independence and freedom of action in the face of external threats or intervention.

The Supreme Court has chastised the media for publishing an article about the merits of the pending case, which was based on an interview with the deceased's relatives, thus granting anticipatory bail to an accused in a dowry death case pending before a Kolkata court. It was

1 Ankur Dutta, Media glare or media trial : Ethical dilemma between two estates of India Democracy, 2 OJC & MT. 92, 93-94 (2015).

discovered that the evidence narrated were biased and could be used in the upcoming tribunal, jeopardizing the fairness of the proceedings.2

AN ANALYSIS OF MEDIA TRIALS THROUGH PROMINENT CASES

Noida Double Murder Case3

Facts of the case:

This case is also known as the Aarushi Talwar murder case, in which a fourteen-year-old girl named Aarushi Talwar and a forty-five-year-old man named Hemraj Baanjade were murdered and the case is still unsolved. Dr. Rajesh Talwar and Dr. Nupur Talwar had only one child, Aarushi, and Hemraj was their domestic worker who lived with them. On May 16, 2008, Aarushi's parents discovered her body as well as the key suspect in the incident, servant Hemraj, who had gone missing. However, Hemraj was discovered dead on the terrace the next day. The police were heavily chastised for failing to protect the crime scene.

When Hemraj was discovered dead, the police named Rajesh Talwar as the prime suspect, believing that Rajesh had murdered both of them after seeing them in a "compromising" situation. Following that, the case was transferred to the CBI, which initially declared the parents innocent and suspected Krishna Thadarai, a compounder in Rajesh Talwar's clinic, and Rajkumar, a domestic helper of Talwar's friends, based on the narcotics, but they were both released due to a lack of evidence. The case was referred to a new CBI team in 2009, but they recommended closing it due to the same reasons.

Rajesh Talwar was contemplated as the sole suspect due to the circumstantial evidence and the CBI Court declared the parents guilty and they were sentenced to life imprisonment. In 2017, Allahabad High Court acquitted the Talwar couple giving them benefit of doubt.

2 MP Lohia v. State of West Bengal Civil Appeal 219 of 2005. 3Dr. (Smt.) Nupur Talwar v. State Of U.P. And Anr. SC 2013 (82).

Role of Media:

Along with that, the print and electronic media began their outrage by flooding all newspapers and channels with news of Aarushi Talwar's murder. It was really unfortunate to see the media's insensitivity in covering this case. The media did everything it could to glorify and project such an intense case to the general public. Despite the fact that there were no witnesses to the incident, the public is well aware of any detail that occurred that night.

News outlets showed a blatant disregard for the law in their slanderous coverage of the investigations. Aside from the trial by media, the matter raised significant legal questions that necessitate redress, including invasion of privacy, breach of confidentiality, and defamation of both living and dead persons. The media delved into the personal lives of Aarushi and her kin, publishing Aarushi's private correspondence and portraying Aarushi's father as a killer. The victim's parents were framed for their daughter's murder before the case was proven in court. Due to the interference of the media, which prejudiced the minds of the judges, the victim's parents were sentenced to life imprisonment. The victim's parents appealed the conviction, and after hearing the appeal, the Allahabad High Court acquitted the parents of Aarushi Talwar, ruling that the CBI had failed to prove the parents' guilt beyond reasonable doubt.

Influence of media on the evidentiary aspect of the case:

When the CBI investigation team declared both parents innocent due to a lack of evidence, the case was referred to another CBI team, who also suggested that the case be closed due to a lack of assurance regarding the evidence, despite the fact that both spouses had been sentenced to life imprisonment. The havoc which has been created by the media who already declared both the parents guilty has somehow violated the principles of natural justice. The logic that can be drawn as to how the evidentiary element has been undermined in this case is as follows:

1. It was said that the father (Mr. Rajesh Talwar) saw both of the deceased in a 'compromising role' in her bedroom and killed them both out of grave and unexpected provocation. The incident was then followed by the Father, with the assistance of his wife, dressing up the crime scene. However, according to the CBI report, there was no evidence that Hemraj's blood was found in Aarushi's room, casting doubt on the motive of grave and sudden provocation.

2. Secondly, another truth that was known was that the apartment was not accessible for entry from any other side, including the terrace, since the door was locked from the outside. As a result, it was determined that there were no signs of forced entry in the flat, and that the only people who could carry out the murders were Mr. Talwar and Mrs. Talwar.4

The media has affected the judges' minds, causing them to pounce on the decision without first hearing from the parties. The media trial begins well before the real court trial. The media performs parallel hearings in cases such as arrest, bail, search, confessional statements, and interrogation with the aim of increasing dissemination or changing the course of justice. It places a burden on a trial court, which has a statutory obligation to mitigate the consequences of prejudicial publicity. Studies suggested that the media has influenced human behavior, thought, and attitudes from the early years of the 20th century to the 1930s; literature describes the media as having rather powerful effects on the populations.5

The media's insufficient and unfair trial convinced viewers of the parents' guilt to the point that they ordered a trial of the case by the Judiciary, not to test the facts (which had already been investigated by the media), but simply to convict the killers, that is, the parents.

JESSICA LAL MURDER CASE6

Facts of the case

The case stemmed from the 1999 cold-blooded murder of a young woman. The woman worked as a bartender in a well-known Delhi restaurant. Manu Sharma, the key defendant, was the son of a prominent politician. Shayan Munshi, a friend and actor, was also assisting her. In that bar, Manu Sharma, the son of Minister Venod Sharma, ordered a beer, which Jessica Lal declined. Jessica declined to serve again after being given Rs. 1000 for a single drink. Manu Sharma then pulled out his revolver and shot at the ceiling and then at her. She was brought to the hospital, but she succumbed to heavy blood loss after a short time. Manu Sharma exited the bar quickly

4 Supra note 2. 5VVLN Sastry,'Influence of trial by media on the criminal justice system in India ' [2019] 1(2) pg. 29-35. 6Manu Sharma v. State (NCT of Delhi); (2010) 6 SCC 1

after shooting Jessica. Despite the fact that several witnesses pointed to Sharma as the offender, police were unable to apprehend him right away because he was concealed with the aid of his friends and also destroyed the key proof, a firearm. But, to everyone's surprise, when the trial finally started in August of 1999, the key witness, Shayan Munshi, turned aggressive. By the year 2000, other witnesses had become disinterested in the case, and the trial court had released Manu Sharma because the police had been unable to retrieve the gun used in the main incident, and the ballistic report had not been submitted.

Role of the Media

In 2006, a Delhi trial court acquitted all nine defendants in the case. With regard to the acquittal, there was widespread public outrage, and the media initiated a blitzkrieg on the trial's manipulation by the accused's political ties, the manner in which the witness became aggressive, and the prosecutor's shoddiness. The public's reaction to the farcical lack of justice was reported by the media. As a result, the Delhi High Court ordered a suo moto re-investigation of the case without waiting for the state's appeal against the accused's acquittal. The retrial, which took place mostly due to media scrutiny, resulted in the prosecution of defendants who had previously been acquitted.

Despite the importance of print and electronic media in today's world, the court held that it is not only desirable, but also the least that can be required of those in charge of affairs in the sector to ensure that media trials do not obstruct a fair investigation by the investigative agency and, more importantly, do not prejudice the accused's right to a fair trial in some way. If any of these creates impediments to the agreed judicious and equitable investigation and prosecution, it would be a travesty of justice.

Dhananjoy Chatterjee V. State Of West Bengal

Facts of the Case

Dhananjoy Chatterjee was judicially executed for the rape and murder of Hetal Parekh, a 15- year-old school girl in Kolkata in 2004, although the crime had occurred in 1990. On March 5 1990, Hetal Parekh was found dead in her third-floor apartment flat in Bhawanipore, Kolkata.

Dhananjoy, who worked as a security guard in Hetal Parekh’s building, was the only person deemed possible accused by the police. He did not turn up for work for the weeks after the murder, which made the police all the more convinced about his guilt. Dhananjoy was finally arrested on May 12th from his hometown, and upon search the police found a wristwatch of the same brand as to the one missing from Hetal’s flat.7 In August 1990, the Alipore Sessions Court sentenced Dhananjoy to the death penalty. Both the Calcutta High Court and the Supreme Court confirmed his death sentence in 1992 and 1993 respectively, the latter adding it to the 'rarest of the rare' case category. Dhananjoy filed a review petition before the Supreme Court, which was later dismissed. He then consecutively filed a mercy petition with the Governor of West Bengal, a writ petition in the Calcutta High court and a number of other petitions, all of which were dismissed both by the Governor and the courts. Dhananjoy was scheduled to be executed, and by this time, he had been incarcerated for over 14 years in Alipore Central Jail.

Role of the Media

The Police had given a statement to the news reporters on the night of when Hetal Parekh’s body was found. Dhananjoy was mentioned as the possible accused even before any evidence but accounts of supposed ‘witnesses’ were found. The only points of suspicion that the police had against Dhananjoy (in the beginning of the investigation) are that he had been seen in the building at the day of the incident, and that he had left soon after. While these can be grounds for suspicion, they are in no way concrete and there were stronger grounds for investigating the victim's family for the possibility of murder. However, this lead was neither pursued by the police nor presented before the courts.8 The alleged rape and murder of a school girl had become extremely sensational due to intensive media coverage and the brutality factor largely contributed towards contributed towards public opinion already been formed. Re-examination of evidences done years late by experts say that "many evidences were being embellished and not all alternatives to what actually happened were being considered” due to external pressure to produce fast results. A large part of it was also due to a rigorous campaign that was initiated to ensure Dhananjoy's hanging, led by Mrs. Meera Bhattacharjee, wife of Mr. Buddhadeb Bhattacharjee, the then Chief Minister of West Bengal. A passionate plea for Dhananjoy's

7 Dhananjoy Chatterjee@ Dhana vs State of West Bengal, 1994.01.SCR.37. 8 How India might have hanged an innocent person, India Hanged Innocent, http://www.india-hanged- innocent.org/how (last visited Apr 25, 2021).

hanging was made before the courts and the public and the gruesome details of the crime of the murder and rape of a 14-year-old girl was gratuitously used by the newspapers to sway the public opinion that was not in favor of a death penalty. A lot of these details are actually contradicted by evidence on record.9 Although several human rights groups and individuals came forward to oppose the execution, on 4 August 2004, the mercy plea was ultimately rejected by the president and at 4:30 am on August 14, 2004, Dhananjoy Chatterjee was executed. It can be said that due to the heinousness of the crime, there was a deliberation on the parts of both the courts and the media to make an example of Dhananjoy, in order to "respond to the society's cry for justice against the criminals". An analysis made in a later judgement made it clear apparently that the Supreme Court had overlooked some important key factors like any possibility of reform, past record of convictions etc,10 that could have contributed in the favor of the defendant.

Sushant Singh Rajput v. Rhea Chakroborty

Facts of the case

On 14 June 2020, the popular Indian actor Sushant Singh Rajput was found dead at his home in Bandra, Mumbai. The official post-mortem reports declared the cause of death to have been suicide as a result of asphyxia to hanging. K. K. Singh, Rajput’s father, filed an FIR at his hometown Patnaagainst Rhea Chakraborty along with six other people with the accusation of abetment of suicide, theft, breach of trust, wrongful restraint, wrongful confinement and cheating. According to his claims, Rhea Chakraborty and her family had financially cheated Sushant and had been harassing him mentally. In her petition filed at the Supreme Court, Rhea Chakraborty claimed innocence in Rajput’s death and also sought transfer of the investigation to the Bombay High Court, as Patna had no jurisdiction in the matter.11

The Mumbai police later made it clear that there was no truth to the claim of misappropriation of funds from Sushant Singh Rajput’s assets to Rhea Chakraborty's accounts. Upon further pressure

9 How India might have hanged an innocent person, India Hanged Innocent, http://www.india-hanged- innocent.org/how (last visited Apr 25, 2021). 10 Criminal Appeal nos. 362-363 of 2010, Shankar Kisanrao Khade vs State Of Maharashtra, 25 April, 2013, p.8 (indiankanoon.org/doc/79577238/). The Supreme Court observed that prima facie, the “criminal test” had not been satisfied in the sentencing of Dhananjoy Chatterjee. 11 Rhea Chakraborty v. The State Of Bihar, Transfer Petition (Crl.) No.225 of 2020.

by both the public and politicians, the CBI was given approval by the Supreme Court to take control of any further investigation or claims registered in relation to the said case. Another parallel investigation that joined the financial probe were the drugs that were supplied to Sushant and Rhea. The FIR specifically invoked sections of India's NDPS Act dealing with cannabis. Rhea and her brother were arrested by the Narcotics Control Bureau (NCB) in September, allegedly for procuring drugs for Sushant. However, the Bombay high court rejected the NCB's theory that Rhea Chakraborty had supplied to or paid for drugs for Sushant, concluding she was completely uninvolved to the drug related issues in the case.

In October, leader of the CBI-designated forensic medical team Dr. Sudhir Gupta finally confirmed Sushant’s death to be a case of suicide and no other alternative12 and the same was thus concluded by the CBI, completely ruling any supposed murder angle thereafter.

Role of the Media

This case is the most recent prominent example of how widespread speculation and rumours reported by media as foregone facts can affect investigative and judicial proceedings. During the ongoing investigations, the media coverage on this case was quite widespread and gained continuous attention.13 In September 2020, the Bombay High Court finally gave due consideration to the two PIL petitions that had alleged that the media was spearheading a“false, unfair and malicious campaign” against the Mumbai Police, thus hindering the proper investigation process. The court urged the media "to exercise restraint in reporting of the investigation with respect to the death, [so that it] would not hamper investigation in any manner."14 By October, supposedly more than 80,000 fake accounts on various social media platforms had been identified by the cyber unit of the Mumbai Police that were seeking to discredit their ongoing official investigation regarding this case.News channels like India TV, News 24, AajTak and Zee News were asked by the non-governmental news Broadcasting

12Anjana Om Kashyap Munish Pandey, Sushant Singh Rajput murder completely ruled out, it was suicide: Dr Sudhir Gupta of AIIMS, INDIA TODAY (2020), https://www.indiatoday.in/movies/celebrities/story/sushant-singh- rajput-murder-completely-ruled-out-it-was-suicide-dr-sudhir-gupta-of-aiims-1727920-2020-10-03 (last visited Apr 25, 2021). 13Shalini Venugopal Bhagat, Despite Crisis, India Fixes its Gaze on a Bollywood Tragedy, THE NEW YORK TIMES (2020), https://www.nytimes.com/2020/10/03/world/asia/india-bollywood-sushant-singh-rajput.html (last visited Apr 26, 2021). 14 Sonam Saigal, Bombay High Court asks media to show restraint in reporting of Sushant case, THE HINDU (2020), https://www.thehindu.com/news/national/bombay-high-court-asks-media-to-show-restraint-in-reporting-of- sushant-case/article32516243.ece (last visited Apr 26, 2021).

Standards Authorityto air an official apology for insensitive reporting and sensationalization of Sushant Singh Rajput's death. Additionally, there were rampant defamatory conspiracy theories and unfound damaging allegations that were being made and spread by individuals, many of whom were arrested for defamation, trying to intentionally provoke breach of peace etc.15 .

MEDIA TRIAL: A HINDRANCE TO FAIR TRIAL?

Ensuring the right to a fair trial is one of the most vital functions of an independent judiciary. This obligation is enshrined in the International Covenant on Civil and Political Rights (ICCPR), which provides that “everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal in the determination of any criminal charge or in a suit at law”.16

The health of a fair trial is jeopardized by pre-trial publicity. Owing to the media trials, prosecutors have been forced not to take up cases where the public perceives such people as guilty without evidence, thus requiring the accused to relinquish his right to an attorney. However, it also deters advocates from taking on certain cases. The media's involvement in the Jessica Lal murder trial has once again been highlighted. The idea of a media trial is not a novel one. In the Priyadharshini Mattoo case, as well as many other high-profile cases, the position of the media was debated. There have been many cases where the media has been accused of holding the accused's trial and delivering the "verdict" before the court has rendered its decision. For example, in Jessica Lal's case17, senior advocate Ram Jethmalani successfully defended the accused Manu Sharma. Around this time, a senior editor of a television news channel declared it to be a "defense of the indefensible," implying that the accused was already guilty of the crime for which he had not yet been found guilty. The media's presumption specifically infringes on the accused's right to a fair trial as well as his right to a qualified prosecutor.

15 Pti, SSR case: Man held for online videos spreading fake news, DECCAN HERALD (2020), https://www.deccanherald.com/amp/national/west/ssr-case-man-held-for-online-videos-spreading-fake-news- 883413.html (last visited Apr 26, 2021). 16 Art. 14(1), ICCPR, (1966) 999 UNTS 171, 1976 Can. T.S. No. 47, in force, including Canada, 1976. 17Manu Sharma v. State (NCT of Delhi), AIR 2010 SCC 1.

Media often tries to substitute the role of the judiciary by indulging in the eye-grabbing concept of breaking news or ‘first done’ investigation of the crime. Few media driven cases in the recent years include the Arushi Talwar murder case, Jessica Lal murder case, BMW accident case, Nirbhaya rape case, etc. This raises the very question: how much of media interference can be perceived as the work of a healthy regulator and where is the line drawn for when it starts to interfere with court procedure. It has to be noted that Media also plays a vastlypositive role while exposing corruption in government or highlighting the government ‘s inaction and frequently this acts as a huge motivation for immediate remedial steps to be taken. But at the same time, whenever there is a high profile or ‘sensational’ case, the media often tries to usurp the power of judiciary and make judgmental comments on pending trials even before any investigation takes place. The need of publications and media houses to provide the biggest coverage regarding the incident has developed a tendency to clash with actual reporting of the news as it is and thus it inevitably tends to interfere with administration of justice.18

TENTATIVE SUGGESTIONS

Possible remedies to prevent extra judicious new reporting from threatening the fairness of a trial are as follows:

1. The release of information or potential leads should be controlled by the court and conveyed by official spokesperson to the press. No unofficial statements should be made by police officers, witnesses, lawyers etc. during the course of the ongoing judicial process. 2. News outlets or reporters that write or broadcast prejudicial news during an ongoing investigation should be appropriately warned and if there are such repeated offences, they may be fined accordingly. 3. Self- regulation on the part of news outlets regarding reporting of any accused person as “innocent until proven guilty” should be heavily encouraged. Even in the case of a guilty person, he does not necessarily need to be ‘demonized’ through the media, as it gives the

18S. Krishnan, Trial by Media: Concept and Phenomenon, INTERNATIONAL JOURNAL OF ADVANCED RESEARCH Vol. 6 No. 3, 889–901. https://doi.org/10.21474/IJAR01/6745.

convict a further sense of disengagement from the society and makes it all the more difficult for him to seek rehabilitation after completion of their sentence. 4. If the fairness of the trial is threatened by publicity during the proceedings, a new trial should be ordered, with less access given to the public until the judgement is delivered. As the ICCPR acknowledges, certain limitations on public access are necessary in case of a ongoing trial and the right to a public trial is not absolute.19 5. Ultimately, the professional understanding of law and legal proceedings are vastly different from that of the laymen. No matter how grave the crime, clamouring for a maximum penalty or a death sentence to be given or even criticizing the judiciary for not doing so before all evidences are sufficiently examined can heavily influence the public opinion and resultantly, put external pressure on the judges to deliver a hard and fast judgment. News outlets should be appropriately sensitive to the tone of how they deliver the news and make consultations with distinguished legal experts for explaining the legal aspects to the public.

CONCLUSION

While the freedom of speech and expression is a fundamental right that the Constitution of India guarantees to its citizens, it also ensures that the freedom is not so absolute by way of words, speech or any other medium that it gives the leeway to violate any statutory provision. The press is also called as the Fourth Pillar of democracy and thus has to operate within the framework of the statutes and constitutional provisions that governs the State and act in the interest of the public and the nation.

Media trial is an appreciable instrument when it comes to keeping a close watch over the activities of police administration and executive. There is no lack of injustices in the world and timely and efficient journalism pay a huge role in bringing them before the public so that at least some of them are given the due attention and remedial effort. But there must be a reasonable amount of self-restriction or some kind of regulations over its arena. The emphasis of reporting

19S. Krishnan, Trial by Media: Concept and Phenomenon, INTERNATIONAL JOURNAL OF ADVANCED RESEARCH Vol. 6 No. 3, 889–901. https://doi.org/10.21474/IJAR01/6745.

on a court trial should be laid upon ensuring a fair trial, not providing full exposure of any and all aspects of the life of the accused for the world to judge. Court procedures must be respected with the adequate sense of responsibility and sensitivity instead of holding public polls voting on whether the accused is guilty or not.

Thus, from the above discussion, these authors reach the conclusion that while media trials have some positive aspects, they do more damage when it comes to court proceedings and judicial action. In criminal cases, there is no justification to media trials other than public entertainment and adding profits to news outlets. Media must acknowledge the fact that whatever they report or publish has a great impact on both the perception of the viewer and may permanently affect the life of the accused. It is, therefore, the moral duty of media personnel to report without bias, embellishment or falsity.