Media Trials – A Clash Between Judiciary And Media

Emima Thangapandi, B.B.A. LL.B., University of Mumbai Law Academy

The more freedom we enjoy, the greater the responsibility we bear, toward others as well as ourselves.

-Oscar Arias

For the country that went through extreme restrictions on freedom of speech, where secret underground radio stations were run for sharing the ‘actual news’ to its own people; ‘freedom of speech to the press’ is no doubt an essential one. Thus, media is considered the fourth pillar of democracy in the Republic of India. Art.19(1)(a) of the Constitution being one of the most essential among the fundamental rights to the citizens, is applicable not only to humans but also to the media of the country which results in a fruitful and meaningful democracy. This very country, has also gone through heinous and non-justifiable convictions. The biased and selfish laws passed in the colonial India falsely accused and convicted our freedom fighters with various heinous charges. Hence, the Constitution of independent India has assured rights to even the accused. Art.20 and 22 thus ensure rights to even an accused. Therefore, it can be noted that both journalism and the judicial system have come a long way when it comes to its freedom in a democratic country. This has resulted in taking conscience efforts in protecting their individuality and safety of truth. Media plays a major role in any country. It is the source of free and unbiased information to the people. It thus, becomes a major pillar of holding the democracy in a country. The day-to-day news is circulated of the latest happenings in different sectors which also results in debates, speeches and collective opinions shared on the same. In communist countries like China and North Korea the media is controlled by their government at the Centre. This lets the authority decide how the world should view them. The case of Romesh Thapar[1] highlighted the ‘freedom of press’. It revolves around few articles published in a magazine called Crossroads which included the opinions of Romesh Thapar on the then situation of the State. The act of restricting the circulation of magazines in certain areas by the government was declared as the breach of the fundamental rights.