Ananya Tyagi, ILS Law College, Pune
ABSTRACT
The media is granted freedom of press under Article 19(1) (a) of the Indian constitution, which guarantees freedom of speech and expression. As a result of this freedom, the media continues to report news and publish articles based on interviews with witnesses and other parties about matters that are currently under consideration in a court of law. By doing so, the media risks prejudicing the case and interfering with the administration of justice, which could result in the case being dismissed. In high-profile cases, the media can create so much hype on the sub judice matters through investigations and continuous news reporting that it can cause prejudice and affect the administration of justice, potentially leading to a miscarriage of justice. The judge must be impartial and pass the verdict only on the facts and evidence presented in the court of law, but the hype created by the media prejudices judges’ minds and may force them to pass a verdict based on the facts and evidence presented in the court of law. This study examines how a media-led trial impacts the accused’s right to a fair trial and highlights the tension between press freedom, fairness, and judicial independence.
Keywords: Administration of Justice, Fair Trial, Media, Prejudice, Publications, Sub-judice.
