Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.Jayasankaran Nambiar, Kauser Edappagath, Mohammed Nias C.P., C.S.Sudha, Syam Kumar V.M.
Dejo Kappan – Appellant
Versus
Deccan Herald – Respondent
JUDGMENT :
A.K.Jayasankaran Nambiar, J.
These writ petitions raise an interesting question as regards the scope, content and extent of the right to freedom of speech and expression enuring to the media when they report facts about ongoing criminal investigations or the proceedings in cases pending adjudication before the various adjudicatory forums in the country. The writ petitions were initially considered by a Full Bench of this Court. However, by an order dated 24.05.2018, the Full Bench took the view that in the light of an earlier decision of another Full Bench of this Court in S. Sudin v. Union of India and Others – [2015 (2) KLT 296 (FB)], these matters needed to be referred to a Larger Bench of five Judges for consideration. It is thus, and pursuant to an order dated 02.09.2024 of the Hon’ble the Acting Chief Justice, that these matters are now before us.
The issue to be considered:
Taking note of the specific prayers sought for in the writ petitions, in the light of the law as it then stood, the Full Bench of this Court that was considering the matter earlier had, on 21.02.2017, framed the following six issues for its consideration;
The media's right to freedom of speech under Article 19(1)(a) is subject to restrictions to protect individual dignity and fair trial rights, emphasizing responsible journalism in reporting criminal ....
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 to balance the freedom of speech and expression with the right to privacy and reputation, emphasizing that the right to privacy, reputatio....
Balancing media freedom with the right to a fair trial is essential; existing legal norms adequately address identity protection of accused in sexual offence cases.
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....
(1) Courts must be open both in physical and metaphorical sense. Concept of an open court requires that information relating to a court proceeding must be available in public domain. Citizens have a ....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
