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Friday, Aug 11, 2006

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Karnataka Lok Ayukta decries tendency for trial by media

Staff Reporter

Need for media to vouch for accountability in its functioning: N. Ram

— Photo: V. Sreenivasa Murthy

Lok Ayukta Justice N. Santhosh Hegde (centre) having a word with Karnataka High Court Chief Justice Cyriac Joseph at a seminar on ``The Media and the Judiciary'' in Bangalore on Thursday. Chairman of the Seminar and Workshops Committee Justice V. Gopala Gowda is at left.

BANGALORE: Karnataka Lok Ayukta N. Santosh Hegde on Thursday said the media should not seek to become a "second judiciary" by holding public trials. Putting out virtual running commentaries on pending proceedings, he said, would affect their outcome. He was speaking at a seminar on "The Media and the Judiciary" organised on the occasion of Golden Jubilee of the High Court of Karnataka here.

The recent phenomenon, particularly in the visual media, of discussing matters pending before courts, should be deprecated. "Permanent" cameras are seemingly placed in the Supreme Court premises, and the views of any advocate emerging out of the court are solicited, Justice Hegde, who is a former Supreme Court Judge, said.

He said that if the media, which constitute the fourth pillar of democracy, and the judiciary maintain their independence without getting excited over their own "ego," there would be no scope for initiation of contempt of court proceedings. While the media should resort to constructive criticism, the judiciary should use contempt powers sparingly.

Media's concerns

N. Ram, Editor-in-Chief, The Hindu, said the Indian media were concerned about the legal provisions regarding criminal defamation and criminal contempt of court. While these concerns need to be addressed by the legislature, the media on their part should voluntarily vouch for accountability in its working, he said.

A regulatory mechanism for the media on the lines of what exists in the United Kingdom is absent here. Though the Press Council was doing a good job, its composition needs to be changed. The Hindu has adopted the model of an internal ombudsman, inspired by The Guardian, by appointing a Readers' Editor, he noted. Citing examples of the judiciary coming to the rescue of the media and upholding their independence, he said the country has an enviable situation with regard to freedom of expression.

It is a matter of concern that there was no regulatory mechanism for broadcast media. Media freedom becomes incomplete when what is applicable to print does not apply to the broadcast media, Mr. Ram said.

He regretted the absence of a level-playing field between print and broadcast media. On the one hand there is monopoly in the broadcast media and on the other there is unfettered projection by satellite channels, he noted.

Stating that media personnel work under tremendous pressure, Mr. Ram urged tolerance by the judiciary at least with regard to "honest" mistakes. While the judiciary acting as complainant, jury and judge all at once in contempt of court cases is unfair, judges too are in a difficult position as they cannot file defamation cases.

Presiding over the event, Chief Justice of the Karnataka High Court Cyriac Joseph termed the seminar a "confidence building measure," as both the judiciary and the media should imbibe a healthy attitude of respecting each other. While the judiciary is dependent on the media to avoid its credibility being lowered through mischievous reporting, the media are dependent on the judiciary for their independence.

Justice Joseph said the media and the judiciary are partners in a common endeavour — upholding democratic norms. As both need independence for their effective functioning, there should be no room for mistrust among them. A question-answer session followed thereafter.

Former and sitting judges of the High Court, Advocate-General Uday Holla, Karnataka State Bar Council President K. Sadashiva Reddy, Senior Advocate Pramila Nesargi and members of the Advocates' Association, Bangalore, were present at the seminar held at the Advocates' Association hall.

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