This article is written for Bloggers and jounalists who want to write about cases pending in Court.
I am in India, india and these are perspectives are relating to Indian environment only.
Two days ago, tweeter friend sent me a DM and asked me if he could write on his blog about cases pending in Courts.
My immediate reply was No.
It intereferes with judaical process.
Then he wrote again. All media is doing this than why we bloggers can't do this?
I replied that they are big people. We are small people. We should not do anything which my be beyound our strenght to handle if things go wrong. He understood.
But this activated my mind and I am now writing this blog to explain to what extent bloggers can write on blog about pending cases.
DISCLAIMER FIRST. Whatever I am writing here are my personal views for academc discussion on blog and you shoud take no action on basis that "I so said in this blog". You are responsible for your acts and consequences thereof.
1
WHY SHOULD I WRITE THIS ARTICLE AT ALL?I am an Advocate/ Lawyer, why should I tell you how to criticize Judiciary?Am not going against the very profession which gives me bread (Though without butter)?
Answers.1. We have become a nation of Banana Citizens.No one gives a damn to what an ordinary citizen writes or speaks.
No one takes views of citizens before passing any laws.
Here is an example.
One such dreconion law is passed by Parliament on 12.11.2011.
When the bill was introduced in Parliament, and when I learned through
Google, I protested.
I Wrot to all judges of SC and Law Commission and Law minister. Not even acknowledgement came.
The law was passed without a murmer or debate.
What is this law about?
This new law now authorizes certain companies to put any villager in jail and no bail is to be granted by any court without consent of that company.
Let us forget about these farmers and viallgers. They are illeterate and poor, unable to pay fees of lawyers, so why should any lawyer bother to take up free cases against giant corporations?
Therefore, I think the bloggers in India should learn to how to write about laws and judiciary and such things.
My second reason:
Some yeras ago, Then Chief Justice S.P. Bharucha said that there is no Corrupt judge in SC, but in higher Judiciary (High Courts), 80% Judges are Honest.
What was he trying to covey to us?
My third Reason: Then Supreme Court Judge, Justice Katju (The one and only outspoken judge)wrote in a judgement that we know what some judges and their relatives are doing in a particular High Court.
The judges and lawyers of that High Court were outraged. They moved Justice Katju to remove this remarks from his judgement but he refused to do so. So what Justice Katju is trying to convey to us?
I think both the judges where trying to convey to us that if we will tolerate corruption, the corruption will continue to increase.
We should learn to SHOUT OUT in a legal and permissible manner.
So the object of this article is to show you permissible manners which are written in the books.
MOST RECENT EXAMPLES TO SHOW WHY WE ALL SHOULD BE CAREFUL WHILE TWEETING AND WRITING ON BLOG.
1. In a foregin country, a man
Sent only a couple of tweets and his life become threatened.
2. A person made one tweet and he was arrested in U.S.
3. A girl wrote on her blog something spicy for 14 minutes. And her life became threatened.
So the time has come to be careful while you tweet or write on blog.
MISFORTUNE AND ACCIDENT CAN HAPPEN IN LIFE OF ANY ONE ANY TIME BUT THAT DOES NOT MEAN THAT WE SHOULD FEAR EVERYTIME WE WRITE SOMETHING ON BLOG OR WHEN WE TWEET
If anything is going to wrong, it may go wrong however careful you may be.
SOME BASIC PRINCIPLES
1. A philosopher was asked to explain law in one sentence.
He replied,"Do not do anything to other which you do not want other to do to you. All the law starts from this point."
2. LAW IN GITA
Do not displease any one nor be displeased by Anyone. Every violation of this law visits with some kind of consequences or punisment.
NOW ABOUT DISCUSSING PENDING COURT CASES
1 One Law, is undefined and unlimited power in High Courts and Supreme Court to punish any one for contempt who may try to interfere with any judicial proceedings. Here there no examples or restrictions or permissions.
If any High Court or Supreme Court feels that by writing something about a case, has disturbed them, they can initiate contempt against anyone however mighty he may be.
2. What law permits us to say about pending court cases?
How do we criticize them without fearing contempt?
3. Never say that Mr X Judge, is corrupt, partial, he has given undue advantage to other side. Never say that he has not been impartial in deciding or passing any order. This you should never say.
4. IPC 499 Exception 4, Says, you can publish substantially true report of court proceedings.The most journalists know this rule.
But the catch is between Proceedings and Pleadings.
If some one files a case against a celebrity for a check bounce case and court issues warrant. It may be reporting of court proceeding.
But if further write that in the complaint, complainant has made such and such allegations, and then you give list of allegations, then you may face defamation case because here you are reporting pleadings of parties.
Many jouralists make such mistakes and give details of affidavits and pleadings filed in court. This provision does not protect them.This is the first point which you should understand before writing about a pending case.
5. Now another thing, can you discuss judgement of Hon'ble Judge who rjected application of Dr. Subramanian Swamy?
Sec. 499(5) protects you. When a case is over and judgement is out, you can discuss merits and demerits of judgement.
Let us take it to a higher level. Supreme Court has given a judgement. You read it in law report or net. Now you feel that judgement is not good. It may harm many people or it does not look m sound. You may feel It will be overturned by other bench in future.
Yes. This section says you can do this. Because public interest is there in fair criticism.
Only thing you should not do is, 1) Do not name judge who gave judgement. They are just doing their duty. 2)Do not say that judge was partial to one party or had some motives in giving this judgement.
This could land you in jail under contempt even if what you say may be 100% true.
Do not make such allegation indirectly also. Because judges are very sharp and sensitive people
6. Suppose in this pending case, a witness has filp-folped. Once he took such and such stand in court and next day he said another thing. His conduct, so far as his conduct in court is concerned can be crticized under theis very 499 Eception 5.
But nothing further. You cannot comment on his immoral life which witness may be living.
Protection against this is only limited to comment upon his conduct in court.
You can say that in case of corruption against a minister, on one date CBI took such stand and next day argued exactly opposite to save minister.
7. Suppose, you have a case in court. You suddenly feel that the judge is influenced by otherside. So where will you complain? Can you write about it in blog? Can you tweet about it ? The answer is No.You cannot write on blog or tweet about it.
Sec 499 Exception 8 permits you to make your complain to a Higher Judge who may have authority on judge in question. While making complaint, just say that you are making representation cum cplaint under SEc.499 IPC Exeption (9).
But never write on blog or tweet. It is not protected.
8. Suppose you are a jouranlist. You suddenly come across some documents which discloses a scam.
And you want to publish it on your blog.
What caution you should take?First, you should examine whether you will be able to handle backlash of your action.
Newton's Third Law. You will sufferr injury equal to injury you give to other.
Then take few lawyers advice before exposing scam. This may protect you in the way that " if you are doing something believing that what you are doing is legal and permissible them it is not an offence"
Then the fact that you have taken legal opinions can help you aganist many laws.
How can you prove that you are believing that what you are doing is legal?
A jouralist of Bombay, used to give copies of what he proposed to expose to few trusted lawyers, two days in advance.
If there are any legal problems, the fact that he gave copies to many lawyers before exposing will help him a lot.
And last,
Always believe that Big Brother is watching everything you write and publish. Even if you may have false DP and false address, Government and Law can reach.
Best advice is never to write anything which may have potentials for creating troubles for you in future
Haresh Raichura
