The Hindu : Court concern over `trial by media'

Online edition of India's National Newspaper
Thursday, Feb 05, 2004

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National

Court concern over `trial by media'

NEW DELHI, FEB. 4. Expressing concern over ``trial by media,'' the Delhi High Court today said the functions of the court could not be usurped by any other authority in a civilised society.

``Fairness of trial is of paramount importance as without such a protection there would be trial by media which no civilised society can and should tolerate,'' Justice J.D. Kapoor observed while pronouncing the verdict in the Bofors pay-off case.

Stressing that the streams of justice have to be kept clear and pure, the court said ``there is nothing more incumbent upon courts of justice than to preserve their proceedings from being misrepresented than to prejudice the minds of the public against persons concerned before the case is finally heard.''

Terming the Bofors case ``a nefarious example which manifestly demonstrates how the trial and justice by media can cause irreparable, irreversible and incalculable harm to the reputation of a person and shunning of his family, relatives and friends by the society,'' the court said such a person is ostracised, humiliated and convicted without trial.

``All this puts at grave risk due administration of justice,'' Justice Kapoor observed.

The court cited the recent case of Punjabi Pop singer Daler Mehndi, whose discharge was sought in a human trafficking case ``after his humiliation and pseudo trial through media as they (police) have not been able to find the evidence sufficient even for filing the chargesheet.''

PTI

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