Supreme Court gives States 3 months to frame media briefing policies for criminal cases

The Supreme Court recently gave all States three months to frame media briefing policies to be used in criminal cases [Peoples Union for Civil Liberties & Anr v. The State of Maharashtra & Ors].

A Bench of Justices MM Sundresh and NK Singh said that States could use a manual prepared by amicus curiae and Senior Advocate Gopal Sankaranarayanan while framing their own separate briefing policies.

"Notwithstanding the time granted by this Court on earlier occasions, the States have not shown adequate interest in taking note of the Manual and doing the needful," the Court noted in its order.

The case has a long history. It began in the late 1990s with petitions by People’s Union for Civil Liberties (PUCL) challenging alleged fake police encounters in Maharashtra.

In 2014, the Supreme Court delivered a detailed judgment laying down guidelines on police encounters. However, one part of the case remained alive - the issue of how police should interact with the media during criminal investigations, so that reporting does not turn into a “media trial”.

In September 2023, while hearing this aspect, the Supreme Court directed the Union Ministry of Home Affairs to prepare a comprehensive manual on media briefings by the police. It said that the existing guidelines were over a decade old and did not reflect the reality of today’s intense print, television and social media coverage of crime.

The Court had then emphasised that while freedom of the press is part of the fundamental right to free speech, accused persons are also entitled to a fair investigation and the presumption of innocence.

It had warned that media reporting can damage the reputation of accused persons, influence public opinion and also harm victims, especially in cases involving children or sexual violence. It, therefore, asked that police disclosures to the media should be objective and not suggest guilt.

It also directed Directors General of Police of all States to send their views to the Union Ministry of Home Affairs, so that a fresh manual could be prepared within three months after consulting all stakeholders.

As the matter progressed, Sankaranarayanan was appointed as amicus curiae to assist the Court. He eventually prepared a detailed “Police Manual for Media Briefing”, taking into account the views of the Union government and international practices.

When the matter came up for hearing on January 15, the Court noted the work done by the amicus and the lack of response from States.

The Bench then made it clear that it did not want to keep the matter pending any longer. It directed States to move ahead and frame their own policies, using Sankaranarayanan's manual as the base.

The Court also directed the manual to be publicly accessible and uploaded on the Supreme Court website.

[Read Order]