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D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
People’s Union for Civil Liberties – Appellant
Versus
State of Maharashtra – Respondent
ORDER :
1. This batch of cases raises two significant issues:
(i) The procedure to be followed by the police in investigating police encounters.
(ii) The propriety and procedure of media briefings by police personnel.
2. The first issue, governing police encounters, has since been dealt with in the judgment of this Court dated 23 September 2014 in People’s Union for Civil Liberties vs. State of Maharashtra, (2014) 10 SCC 635.
3. The second issue pertains to the modalities to be followed by the police in conducting media briefings where a criminal investigation for an alleged offence is in progress. The issue assumes significance, particularly, in the context of the manner in which media reportage takes place, particularly in crimes involving a degree of public interest.
4. Having regard to the ramifications of the issues involved, the Court appointed Mr. Gopal Sankaranarayanan, senior counsel, as Amicus Curiae.
5. A questionnaire was circulated by the Amicus Curiae in order to elicit information from the States and Union Territories. Several States, including the States of Bihar, Goa, Haryana, Jharkhand, Rajasthan, Tamil Nadu and Uttarakhand have responded, besides the Administrations o
Media briefings by Police – Age and gender of accused as well as of victims would have significant bearing on nature of disclosure to be made – Media trials are liable to result in a derailment of ju....
Investigative reports registered by law enforcement are public documents. Accurate media reporting of such records does not inherently violate privacy rights or constitute an unfair trial, absent cle....
The media's right to freedom of speech is regulated by ensuring it does not infringe upon individuals' rights to dignity and fair trial, requiring responsible reporting in criminal investigations and....
The main legal point established in the judgment is the need for responsible journalism and the balance between the rights of the individual and the public interest.
The court mandated the States to adopt a policy for Media Briefing in line with the Police Manual, emphasizing the need for compliance within three months.
The court upheld the protection of press freedom and privacy rights, emphasizing that investigative procedures must respect journalistic integrity and not result in harassment of reporters.
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