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Trial by Media and Criminal Justice Administration


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1 Hidayatullah National Law University, Raipur, India
     

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The subject of media by trial is very debatable among civil rights activists, constitutional lawyers, judges and academics. Though Media is regarded as one of the pillars of democracy and it has wide ranging roles in the society. But so far as the administration of criminal justice is concerned it also acquires a greater responsibility. In a democratic country, freedom of expression is an important right but such a right is not absolute in as much as the Constitution itself, while it grants the freedom under Article 19(1)(a), permitted the legislature to impose reasonable restriction on the right, in the interests of various matters, one of which is the fair administration of justice as protected by the Contempt of Courts Act, 1971. Such liberty is imposed upon media to avoid any chaos in the society.

Lord Atkin presented a view that Liberty does corrupt into license and is prone to be abused. Every institution is liable to be abused, and every liberty, if left unbridled, has the tendency to become a license which would lead to disorder and anarchy.


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  • Trial by Media and Criminal Justice Administration

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Authors

Sandeep Suman
Hidayatullah National Law University, Raipur, India
Melveen Abhishek
Hidayatullah National Law University, Raipur, India

Abstract


The subject of media by trial is very debatable among civil rights activists, constitutional lawyers, judges and academics. Though Media is regarded as one of the pillars of democracy and it has wide ranging roles in the society. But so far as the administration of criminal justice is concerned it also acquires a greater responsibility. In a democratic country, freedom of expression is an important right but such a right is not absolute in as much as the Constitution itself, while it grants the freedom under Article 19(1)(a), permitted the legislature to impose reasonable restriction on the right, in the interests of various matters, one of which is the fair administration of justice as protected by the Contempt of Courts Act, 1971. Such liberty is imposed upon media to avoid any chaos in the society.

Lord Atkin presented a view that Liberty does corrupt into license and is prone to be abused. Every institution is liable to be abused, and every liberty, if left unbridled, has the tendency to become a license which would lead to disorder and anarchy.