Some years ago, when I was sitting in Supreme Court, former Chief Justice of India, Justice Bharucha lamented, he had given a landmark judgement on unlawful detention by police, four months ago, but neither any law report, nor any newspaper reported!
2. In one case, I had won. The Judgement was reported in all law reports all over India, including in Supreme Court Cases.
Two months thereafter, other side filed review petition, the judgement was reversed. I lost case.
I sent a certified copy of this order to SCC Editors, requested them to publish this also, because earlier Judgement was no longer a good law.
They never replied nor published this reversal judgement. Thus, a wrong law, remains on law book even today.. Wrong law is followed by all courts in India today, because no one published Reversal Judgement.
3) In Justice Katju Court, Judge ignored and refused to follow an earlier Judgement of Supreme Court and laid down a new law affecting all Central Government Servants.
I sent a certified copy of Judgement to a publisher and requested him to amend in next edition of law book and add this law.
He replied and refused to do so, because he thought that Justice Katju's judgement was not agreeable to him.
Sad. A wrong law regarding all Central Govt Servants, continues to be on law books because no one published this new judgement.
4) Why Landmark judgements of Supreme Court are not reported in National News Papers.
My impression is this:
In Supreme Court, they have two press rooms. Press Reporters sit their and get news.
The Criteria of National Newspapers is this. "We publish as News only that which has happened in last 24 hours".
A) Sometimes, after declaring judgement by SC, it gets three days to get signed copy. Sometimes, judges proof read again before signing it.
These judgements are not reported by TV and Newspapers, because they are 3 days old. The instruction to them is to give news only that which has happened in last 24 hours. Public is denied news of a land mark judgement of Supreme Court.
B) Sometimes, news reporters send report of landmark judgement to editor within 24 hours. But suppose if that day some bomb blast has taken place or some big political event has happened, then, that day, there will be no place to publish news of Supreme Court Judgement.
Next day, the news will have become old (beyond 24 hours), therefore, it will not be published by any a national newspapers.
3) In Gujarat High Court, there is unity in Press Reporters. If a lawyer wants to brief newspapers about a public importance judgement of high court, lawyer has to give 10 copies of press note to all.
In Supreme Court press reporters there is no such unity. If you brief one press reporter about a judgement, then other press reporters will not touch this news. Each one wants "Exclusive" news.
I'm my view, ethics demand that news of a landmark or an important judgement, should be published by all newspapers. The attitude that "if it is published by one newspaper, other news paper should not publish" is wrong.
C) Newspapers and TV,are craving for Sensational News. The usefulness of judgement of Supreme Court and guidelines to public, is not their first priority.
Conclusion: Indian public is really in total darkness about most valuable work being done by Supreme Court empowering people against Government.
The standard of Supreme Court Case reporting in India is very very poor.
Haresh Raichura
19/3/2013
