‘Right to fair trial can’t overshadow freedom of speech’

April 17th, 2012 - 8:29 pm ICT by IANS  

New Delhi, April 17 (IANS) A person’s right to free and fair trial enjoys no primacy over the right to freedom of speech and expression of the media, senior counsel Ram Jethmalani told the Supreme Court Tuesday.

Fundamental rights could only be restricted by a legislation passed by parliament and no guidelines by the apex court could shrink them, Jethmalani told the apex court constitution bench of Chief Justice S.H. Kapadia, Justice D.K. Jain, Justice S.S. Nijjar, Justice R.P. Desai and Justice J.S. Khehar.

The court was hearing an application by Sahara India Real Estate Corp voicing its grievance over a news channel reporting its proposal made to the Securities and Exchange Board of India on securing the money it mopped up from the market.

The court earlier said that it would frame guidelines for reporting on sub-judice matters.

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