October 5, 2013

Court cannot gag media from reporting a court case permanently - It can however direct postponement of reporting

Court cannot gag media from reporting a court case permanently - It can however direct postponement of reporting- Supreme Court

Open Justice is not an absolute right. When media reporting of trial is likely to effect witnesses, when it is likely to prejudice accused or prosecution, when it is likely to adversary affect cool minded reasoning based administration of Justice, court can issue a general gag order that media shall not report about trial till it is concluded.

Court can put such ban temporarily, but it cannot ban media permanently from reporting any case.

No fixed guidelines or rules can be framed for this purpose. In each case, accused or prosecution can make an application to court and the Judge will decide such applications according to facts of case.

Supreme Court has decided this issue after elaborate debate.


-Haresh Raichura
5/10/13