Monday, November 06, 2006

Chief Justice of India expresses concern over trial by media

Expressing concern over the recent trend of trial by media before judgments are pronounced on cases pending before courts, Chief Justice of India Y K Sabharwal appealed to the judges not to be distracted by the public perception of cases and to go by the evidence placed before them in the courts.

“Trial by media would prove destructive to the society in the long run. The media should think about the fate of the person to whom injustice is caused by this”, Sabharwal said.

The Chief Justice of India raised the issue twice during his visit to Bangalore – while addressing the 13th state level conference of Judicial Officers and at the valedictory of the Karnataka High Court’s Golden Jubilee celebrations.

Apparently provoked by the recent programmes on television channels that sought to project certain persons involved in high profile murder and rape cases as either “guilty” or “innocent” even when the matter was sub-judice, Sabharwal said it was the evidence on record that was crucial to decide whether the accused in a criminal offence is guilty or innocent. “I have asked the judges to go by the evidence placed before them”, he said.

He said the trial by the media creates confusion in the minds of the judges. “If this continues, there can’t be any conviction. Judges will be in a dilemma as the media would already have given a verdict”, he said with resentment.

“Judges would also be worried about their reputation when they have to deliver a verdict against the projected public perception”, Sabharwal said. “Today, we know the reach of the media. We have so many 24-hour television channels. Trial by media will have serious reflection on the judiciary. We can’t ignore them”, he said adding that he had advised judges to go by the evidence on record before deciding the cases.

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