The Supreme Court of India, through an order dated April 4, 2012, stated that, any party who desires to make submissions in the matter relating to the framing of guidelines for reporting of cases in the media; may do so by way of intervention..Pursuant to this, Bar & Bench Associate Editor, Raghul Sudheesh, has filed an Intervention Application (I.A.) before the Apex Court in the media norms case. The application has been filed through Advocate-on-Record, P. George Giri while Dr. M. P. Raju, an expert in Constitutional Law, appeared as the arguing counsel for the IA which was heard by the Supreme Court on April 26, 2012..The I.A. stated that, news reporting should be regulated in India but a complete ban or postponement of reporting a case will not be a proper solution to the entire situation. The I.A. mainly seeks to establish a Press Office as has recently been formed in the United Kingdom’s Supreme Court..The UK Supreme Court’s Press Office provides a comprehensive service to media professionals seeking information about the Court’s hearings and wider work. Also every judgment delivered by the Hon’ble Supreme Court of UK is accompanied by a press summary. The press summary provides a background of the case, the judgment and the reasons for the same. It also contains a note to editors. This is found highly useful by the media there, to study and analyse the judgment of the court in a better manner. A similar mechanism has been suggested to the Indian Supreme Court as well..The I.A. has also highlighted the pace with which information and technology is growing, giving the example of the UK Supreme Court, which has recently allowed the journalists to “tweet” from the court itself, to disseminate the information to the general public, without obtaining any prior permission from the court..Other prayers in the I.A. include, recording all the court proceedings so as to clarify the stand of the court in the future. Also a prayer has been made to start a Supreme Court Channel like the Lok Sabha TV and to have a live telecast of all court proceedings in the Supreme Court..Dr. M. P. Raju argued that the Apex Court has the jurisdiction and also has a duty to lay down guidelines and norms relating to reporting of court proceedings by media till an appropriate legislation comes into effect. He further argued that, “There is no real conflict between the rights of concerned persons under Article 21 including the right to fair trial and right to free speech and expression and the derivative rights of the media under Article 19(1)(a). If at all any conflict arises it is to be resolved through a harmonious construction without considering such harmonious construction as a restriction of any of the concerned rights. ”.The matter is still going on in the Supreme Court with a battery of Senior Counsels appearing for various parties. Some of the lawyers are backing the move to frame media guidelines while some have been vehemently critical..A copy of the Intervention Application (I.A.) is available for download below..Full Text of Intervention Application
The Supreme Court of India, through an order dated April 4, 2012, stated that, any party who desires to make submissions in the matter relating to the framing of guidelines for reporting of cases in the media; may do so by way of intervention..Pursuant to this, Bar & Bench Associate Editor, Raghul Sudheesh, has filed an Intervention Application (I.A.) before the Apex Court in the media norms case. The application has been filed through Advocate-on-Record, P. George Giri while Dr. M. P. Raju, an expert in Constitutional Law, appeared as the arguing counsel for the IA which was heard by the Supreme Court on April 26, 2012..The I.A. stated that, news reporting should be regulated in India but a complete ban or postponement of reporting a case will not be a proper solution to the entire situation. The I.A. mainly seeks to establish a Press Office as has recently been formed in the United Kingdom’s Supreme Court..The UK Supreme Court’s Press Office provides a comprehensive service to media professionals seeking information about the Court’s hearings and wider work. Also every judgment delivered by the Hon’ble Supreme Court of UK is accompanied by a press summary. The press summary provides a background of the case, the judgment and the reasons for the same. It also contains a note to editors. This is found highly useful by the media there, to study and analyse the judgment of the court in a better manner. A similar mechanism has been suggested to the Indian Supreme Court as well..The I.A. has also highlighted the pace with which information and technology is growing, giving the example of the UK Supreme Court, which has recently allowed the journalists to “tweet” from the court itself, to disseminate the information to the general public, without obtaining any prior permission from the court..Other prayers in the I.A. include, recording all the court proceedings so as to clarify the stand of the court in the future. Also a prayer has been made to start a Supreme Court Channel like the Lok Sabha TV and to have a live telecast of all court proceedings in the Supreme Court..Dr. M. P. Raju argued that the Apex Court has the jurisdiction and also has a duty to lay down guidelines and norms relating to reporting of court proceedings by media till an appropriate legislation comes into effect. He further argued that, “There is no real conflict between the rights of concerned persons under Article 21 including the right to fair trial and right to free speech and expression and the derivative rights of the media under Article 19(1)(a). If at all any conflict arises it is to be resolved through a harmonious construction without considering such harmonious construction as a restriction of any of the concerned rights. ”.The matter is still going on in the Supreme Court with a battery of Senior Counsels appearing for various parties. Some of the lawyers are backing the move to frame media guidelines while some have been vehemently critical..A copy of the Intervention Application (I.A.) is available for download below..Full Text of Intervention Application