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The Freedom of Press and Trial by Media- a Critical Study from the Perspective of Indian Constitution and Criminal Justice System

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The Freedom of Press and Trial by Media- a Critical Study from the Perspective of Indian Constitution and Criminal Justice System THE FREEDOM OF PRESS AND TRIAL BY MEDIA- A CRITICAL STUDY FROM THE PERSPECTIVE OF INDIAN CONSTITUTION AND CRIMINAL JUSTICE SYSTEM Dissertation submitted in part fulfilment for the requirement of the Degree of LL.M Submitted by Supervised by Anandita Singh Dr. Niraj Kumar National Law University Delhi (India) 2019 DECLARATION BY THE CANDIDATE I hereby declare that the dissertation entitled “The Freedom of Press and Trial by Media- A Critical Study from the perspective of Indian Constitution and Criminal Justice System” submitted at is the outcome of my own work carried out under the supervision of Dr. Niraj Kumar, Professor of Law. I further declare that to the best of my knowledge the dissertation does not contain any part of work, which has not been submitted for the award of any degree either in this University or any other institutions without proper citation. Anandita Singh 18LLM18 National Law University, Delhi Place: New Delhi Date: i CERTIFICATE OF SUPERVISOR This is to certify that the work reported in the LL.M. dissertation entitled “The Freedom of Press and Trial by Media- A Critical Study from the perspective of Indian Constitution and Criminal Justice System”, submitted by Anandita Singh at National Law University, Delhi is a bona fide record of her original work carried out under my supervision. Dr. Niraj Kumar Professor of Law National Law University, Delhi Place: New Delhi Date: ii LIST OF ACRONYMS & ABBREVIATIONS AIR All India Reporter Anr Another Art Article CBI Central Bureau of Investigation CPC Civil Procedure Code CrPC Code of Criminal Procedure DE Delhi ECHR European Convention on Human Rights Ed Edition Etc. Et cetera FIR First Information Report Govt. Government HC High Court ICCPR International Covenant on Civil and Political Rights IPC Indian Penal Code ISDN Integrated Services Digital Network JT Judgement Today LR London Reporter LW Law Weekly MANU Manupatra NCT National Capital Territory iii NMSA News Media Standard Authority PC Privy Council Ors Others QB Queens Bench SC Supreme Court SCC Supreme Court Cases SCR Supreme Court Review SEBI Security Exchange Board of India Sess. Session TRP Television Rating Points UP Uttar Pradesh v. Versus iv LIST OF CASES 1. Attorney General v. British Broadcasting Corporation (BBC), (1981) AC 303. 2. Babulal Parate v. State of Maharashtra, AIR 1961 SC 884. 3. Bobby Art International v. Om Pal Singh Hoon, (1996) 4 SCC 1. 4. Channing Arnold v. King Emperor, (1914) 1 LW 461. 5. Director General of Doordarshan and others v. Anand Patwardhan and another, JT 2006 (8) SC 255. 6. Dixon v. Holden (1869) 7 EQ 488. 7. Eastern Book Co. v. D.B. Modak (2008) 1 SCC 1, 90. 8. Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. (2008) 13 SCC 30. 9. Express Newspapers Limited v. Union of India, AIR 1958 SC 578. 10. I.R. Coelho v. State of Tamil Nadu, AIR 2007 SC 861. 11. K.A. Abbas v. Union of India, Air 1971 SC 481. 12. Kartongen Kemi Och Forvaltning AB and Ors. V. State through CBI, 2004 (72) DRJ 693. 13. Kedar Nath Singh v. State of Bihar, (1962) AIR 955. 14. K.T. Plantations (P) Ltd. v. State of Karnataka, (2011) 9 SCC 1. v 15. Maneka Gandhi v. Union of India, (1978) 1 SCC 248. 16. Monson v. Louis Tussauds Ltd. (1894) 1 QB 671. 17. M.S.M. Sharma v. Sri Krishna Sinha, AIR 1959 SC 395. 18. Printers (Mysore) Ltd. v. CTO, (1994) 2 SCC 632. 19. R. v. Hicklin, (1868) LR 3 QB 360. 20. Radha Mohan Lal v. Rajasthan High Court (2003) 3 SCC 427: AIR 2003 SC 1467. 21. Rajagopal and another v. State of Tamil Nadu and others, JT 1994 (6) SC 514. 22. Ramlila Maidan Incident V. Home Secretary, Union of India and Others (2012) 5 SCC 1. 23. R.K. Anand v. Delhi High Court (2009) 8 SCC 106. 24. Romesh Thappar v. State of Madras, AIR 1950 SC 124. 25. Sahara India Real Estate Corpn. Ltd. v. SEBI (2012) 10 SCC 603. 26. Sajal Sureshkumar Jain v. State of Gujarat (2005) 2 GLR 1716. 27. Santosh Kumar Singh v. State through CBI (2010) 9 SCC 747. 28. Shakti Mills Gang Rape (2013). 29. Sheppard v. Maxwell, 346 F. 2d 707 (1965). 30. S.P.S. Rathore v. CBI New Delhi, AIR (2016) SC. vi 31. State of Maharashtra v. Champala, AIR 1981 SC 1675. 32. State of Maharashtra v. Rajendra Jawanmal Gandhi (1997) 8 SCC 386. 33. State v. Ram Singh and another, 10 September (2013). 34. State v. Siddhartha Vashisht and others, AIR 2010 SC 2352. 35. State v. Vikas Yadav and Vishal Yadav, MANU/DE/0847/2014. 36. Sushil Ansal v. State through CBI, (2014) 6 SCC 173. 37. Surendra Koli v. State of Uttar Pradesh, AIR 2011 SC 970. 38. Union of India v. Naveen Jindal, (2004) 2 SCC 570: AIR 2004 SC 1559. 39. V.G. Row v. State of Madras, AIR 1951 Mad. 147. 40. Vijay Singhal and Ors. V. Govt. of NCT of Delhi and Anr., MANU/DE/0746/2013. 41. Zahira Habibullah Sheikh v. State of Gujarat, (2004) 4 SCC 158. vii TABLE OF CONTENTS TITLE PAGE NO. DECLARATION BY THE CANDIDATE i SUPERVISOR’S CERTIFICATE ii LIST OF ACRONYMS AND ABBREVIATIONS iii LIST OF CASES v TABLE OF CONTENTS viii ACKNOWLEDGEMENT x CHAPTER- 1 1-8 INTRODUCTION 1 1.1 OVERVIEW 1 1.1.1 THE RESPONSIBILITY OF THE MEDIA 2 1.1.2 FAIR TRIAL AND FAIR PRESS 3 1.1.3 IS THERE ANY CLASH BETWEEN TWO 3 1.1.4 PUBLIC ATTITUDE TOWARDS FAIRNESS 3 1.2 OBJECTIVES OF RESEARCH 3 1.3 RESEARCH HYPOTHESIS 4 1.4 RESEARCH QUESTION 4 1.5 SCOPE OF RESEARCH 4 1.6 RESEARCH METHODOLOGY 4 1.7 LITERATURE REVIEW 4 1.8 CHAPTERIZATION 8 CHAPTER- 2 9-18 ROLE OF MEDIA IN A DEMOCRATIC 9 SOCIETY 2.1 WHAT IS MEDIA TRIAL 9 2.2 DEFINITIONS OF TRIAL 9 2.3 HISTORY OF MEDIA TRIAL 10 2.4 ROLE OF THE MEDIA AS AN INFORMER 11 2.5 JOURNALIST ROLE 11 2.6 LIMITATIONS ON THE FREEDOM OF 11 MEDIA 2.7 INFLUENCE OF MEDIA ON ACCUSED 12 2.8 INFLUENCE OF MEDIA ON WITNESS 12 2.9 INFLUENCE OF MEDIA ON JUDGES AND 12 COURTS 2.10 MEDIA TRIAL’S IMPACT 12 2.10.1 MEDIA TRIAL V. FREEDOM OF SPEECH 12 AND EXPRESSION 2.10.2 MEDIA TRIAL V. FAIR TRIAL 13 2.10.3 MEDIA TRIAL V. RIGHT TO BE 17 REPRESENTED viii 2.11 INTERNATIONAL EFFORTS 17 2.12 MEDIA HAS THE POWER TO BRING 18 ABOUT THE CHANGE 2.13 LAW COMMISSION 200TH REPORT ON 18 TRIAL BY MEDIA: FREE SPEECH AND FAIR TRIAL UNDER CRIMINAL PROCEDURE (AMENDMENT TO THE CONTEMPT OF COURT ACT, 1971) CHAPTER- 3 19-24 CONSTITUTIONAL FOUNDATIONS 19 3.1 CONSTITUTIONAL PROVISIONS ON THE 21 FREEDOM OF SPEECH AND EXPRESSION 3.2 CONSTITUTIONAL STATUS OF THE MEDIA 21 3.3 COMPARISON WITH THE U.S 22 CONSTITUTION 3.4 FACETS OF SPEECH AND EXPRESSION 23 UNDER ARTICLE 19(1)(a) 3.5 CONSTITUTIONAL RESTRICTIONS ON THE 24 FREEDOM OF SPEECH AND EXPRESSION 3.6 TESTING THE REASONABLENESS OF 24 RESTRICTIONS CHAPTER- 4 25-32 REGULATORY FRAMEWORK OF 25 MEDIA IN INDIA 4.1 IN PRINT MEDIA 25 4.2 IN BROADCAST MEDIA 31 4.3 IN FILM 32 CHAPTER- 5 36-43 CASES WHERE MEDIA INTERVENES 36 FOR DISPENSATION OF JUSTICE CHAPTER- 6 44-46 CONCLUSION AND SUGGESTIONS 44 BIBLIOGRAPHY 47-51 BOOKS 47 STATUTES 47 REPORTS 48 ARTICLES 48 NEWSPAPER ARTICLES 50 WEBSITES 50 ix ACKNOWLEDGEMENT I would like to acknowledge the able guidance provided by my teacher Dr. Niraj Kumar, Professor at National Law University, Dwarka, Delhi as without his presence the dissertation would not have been possible. I am highly indebted to my teacher for providing constant support and supervision despite his busy schedule. It gives me immense pleasure to express my deep and profound gratitude to Dr. Niraj Kumar, whose efforts and dedication made this study conceivable and viable in its present form. His untiring assiduity and stimulating response have been a great source of inspiration in completion of the work. I also feel pleasantly duty bound to further acknowledge the help extended to me by the Library Staff of National Law University, Dwarka, Delhi. I would also like to express my sense of gratefulness to my close friends for their kind interest and manifold help extended to me in shaping out this work. Above all, I appreciate the patience shown by my parents, who showered their blessings and goodness upon me and who have suffered silently in the hope that this dissertation sees the light of this day. ANANDITA SINGH x CHAPTER 1 INTRODUCTION 1.1 Overview “The media is the most powerful entity on earth. They have the power to make the innocent guilty and to make the guilty innocent, and that’s power, because they control the minds of the masses.” - Malcolm X Media plays a vital role in formation of a decorous society, yet it is known as a fourth pillar of our democratic state. Although, “Lord Macaulay”, the member of British Parliament, first time introduced the term fourth pillar of Indian Constitution. Media became helpful to enlighten people to aware about the social, political, economic, cultural and legal ongoing events in entire world.1 Originally, the three pillars except media that are mentioned in our Indian Constitution are known as legislature, executive and judiciary. But, the fourth pillar ‘media or press’ was implicit in the article of Indian Constitution2 by the Supreme Court of India through various cases.
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