Can media reporting hamper due course of law, asks Bombay HC

Can media reporting hamper due course of law, asks Bombay HC

Next hearing is scheduled for November 6.

Bombay high court

NEW DELHI: The Bombay high court has sought written submissions from all parties regarding the adverse effects of media reporting on any investigation and the court’s own jurisdiction in such cases, in the ongoing case of PIL against media trials. The case has been pushed to 6 November for further hearing. 

Stating that the court wants to give guidelines with respect to interference during investigation prior to the filing of the charge sheet, the bench of chief justice Dipankar Datta and justice GS Kulkarni sought answers on the issue of if the media should report responsibly keeping in mind the facts. 

Regarding the reporting on ‘accused’, the court asked if trial by media would lead to interference in deciding whether an accused goes for trial or not; accused being on guard or tampering with evidence; tarnishing of reputation in case of an innocent person, et al. 

It also asked, “Can you guarantee a police officer will not be influenced by media statements like ‘this is not the right track for investigation’ and then start hounding an innocent person?"

Read our coverage on the Sushant Singh Rajput case 

The court has also directed the parties to answer if the sensationalised reportage in the Sushant Singh Rajput case amounted to a media trial and whether the court can intervene in such matters.  

The bench noted, “Let us not be blinded by precedents. Come to the bare facts, let us know the boundaries of our own jurisdiction.”

The court also showed concern for the safety of the witnesses and if media trial can force them to turn hostile. 

The court also opined that if the media wants to aid in the investigation, it can do so under the provisions of the Code of Criminal Procedure by giving information with the police.

At its last hearing, the Bombay high court said it may have to lay down guidelines to check the rash of media trials in the country.