Apex court’s observations on media reporting curbs

September 11th, 2012 - 9:45 pm ICT by IANS  

Some observations by the Supreme Court Tuesday while hearing a plea seeking postponement of media reporting on sub-judice matters:

* There is no general law for courts to postpone publicity, either prior to adjudication or during adjudication, as it would depend on facts of each case.

* An order of postponement has to be passed only when other alternative measures such as change of venue or postponement of trial are not available.

* Orders of postponement of publicity shall be passed for a limited period…under article 129/article 215 of the constitution.

* In passing such orders, courts have to keep in mind the principle of proportionality and the test of necessity.

* The applicant who seeks order of postponement of publicity must displace the presumption of open justice and only in such cases the higher courts shall pass the orders.

* The courts shall evaluate in each case the necessity to pass such orders not only in the context of administration of justice but also in the context of the rights of the individuals to be protected from prejudicial publicity or misinformation.

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