India is one of the biggest democracies in the world standing on his four pillars named as the legislative, executive, judiciary and media. Media plays one of the most important role in the successful democracy as it acts like a watch dogs of our society and government and can openly criticize the government for their activities which is one of the basic principles of democracy .One of the basic principal followed by the pillars is that they won’t interfere in the matter of the other pillar but recently media being interfering with the judicial matter with their own media trial.
Media Trial is the process in which media do its own trial independently and pronounce a person guilty before the verdict of court that manipulates the mind of the people. It influences the masses by making and announces an accused guilty before the verdict and removes the line between accused and criminal.
In Y.V.Hanumantha Rao v. K.R. Pattab hiram and anr., Andhra Pradesh HC stays that the objection or interference in the administration of justice when a person facing trial. The prejudicial publication affecting public which in term affect the accused’s right of fair trial as it affects the minds of the public and judges being a part of general public gets affected by this .It not only affects the minds of judges but can also hinder the probability of winning the case as it manipulates the minds of witnesses, if the identity of the witnesses is revealed, than it is possibility that the witness will be come under pressure at could withdraw his testimony in the early stage of trial. It also affects the mind of the police officers working on the case they could also be come under the same pressure and mistakenly or intentionally could ignore some of the relevant facts. In the case of State of Maharashtra v. Rajendra Jawanmal Gandhi, 1997, the Supreme Court held that the trial by media, press is an anti-thesis to the rule of law and can be lead to the path of miscarriage of justice.
In Pradyuman Thakur Murder Case, A class II student, Pradyum was found dead in the washroom of Gurugram’s Ryan International School. As per the initial report, the bus conductor was found accused and arrested on the grounds of sexual assault and murder of the child, but later it comes to know that he was innocent but a student of class XI killed him in order to postpone the exams .In this case before the court passes its judgement media starts his own trial and declared him guilty which damages his entire carrier and also effects his mental health and reputation and after the sentence is passed from the court. This is the prime example of how media affects the life of the people for certain TRP points as his carrier and his reputation is completely damaged and the struggle his family has to go throw while the trial is in motion.
Article 21 of the Indian constitution guarantees the right to fair trial to everyone but media trial effects the case and hinder with the probability of the chances of fair trial.As media comes under the right to freedom of speech under Article 19(1)(a) it should also follows certain restrictions mentioned in Article 19(2) to ensure nobody right to free trial is violated and media should only give his opinion after the court passes its judgement.
REFRENCES
- https://indiankanoon.org/
- https://www.legitquest.com/
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