By Tarunkumar Singhal, Raman Jokhakar, Chartered Accountants
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The SC on Tuesday gave its nod for an accused to seek the postponement of media reporting of a trial if it interferes with the administration of justice.The bench of Chief Justice S. H. Kapadia and Justices D. K. Jain, S. S. Nijjar, R. P. Desai and J. S. Khehar said they (orders of postponement ) should be passed only when necessary to prevent real and substantial risk to the fairness of the trial, if reasonable alternative methods or measures such as change of venue or postponement of trial will not prevent the said risk and when the salutary effects of such orders outweigh the deleterious effects to the free expression of those (media) affected by the prior restraint order. But the SC said the media had a right to appeal against postponement orders. Such orders of postponement should be for a limited duration and without disturbing the content of the publication. The order of postponement will only be appropriate in cases where the balancing test otherwise favours nonpublication for a limited period, Justice Kapadia, who authored the 56-page judgment on behalf of the bench,said.
Importantly, the SC said constitutional courts could temporarily prohibit media statements if they had the potential to prejudice or obstruct or interfere with the administration of justice. The bench said the doctrine of postponement was for the benefit of journalists, who otherwise would be on the wrong side of contempt of court law. The doctrine of postponement will serve as a Laxman Rekha for journalists and warn them not to cross it, the CJI said.
(Source: Times of India dated 12-09-2012)
