9911796707
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Issues Involved:
1. Freedom of Speech vs. Right to Fair Trial 2. Prejudicial Impact of Media Publications on Court Proceedings 3. Balancing Public Interest and Individual Rights Summary: 1. Freedom of Speech vs. Right to Fair Trial: The judgment discusses the fundamental right to freedom of speech u/s Article 19(1)(a) of the Constitution of India and its limitations u/s Article 19(2). It highlights the need to balance this right with the right to a fair trial, emphasizing that no right is absolute. The court refers to various legal scholars and precedents to underline that freedom of speech must be reconciled with the impartial administration of justice. 2. Prejudicial Impact of Media Publications on Court Proceedings: The court examines the impact of media publications on the impartiality of court proceedings. It categorizes prejudicial publications into those affecting the court's impartiality and those impairing the court's ability to determine true facts. The judgment cites several cases where publications about the character of the accused or alleged confessions were held to cause prejudice, thereby constituting contempt of court. The court stresses that publications must be scrutinized to determine if they pose a real and substantial danger of prejudice to ongoing trials. 3. Balancing Public Interest and Individual Rights: The judgment discusses the need to balance the public's right to be informed against the individual's right to a fair trial. It references the case of Attorney General v. Times Newspapers Ltd., where the House of Lords emphasized that public interest in matters of national concern could outweigh private interests. The court notes that public figures, especially those involved in state affairs, are subject to higher scrutiny and public gaze. Case-Specific Details: The respondents, including a former Chief Minister, sought to injunct the appellant from telecasting a program related to their conviction in a recruitment scam. The trial court granted an ad-interim injunction, reasoning that media coverage could prejudice the respondents' appeal and applications for suspension of sentence. However, the High Court found that the trial court did not adequately demonstrate a substantial risk of prejudice. The High Court reviewed the transcript and excerpts of the proposed telecast and found no prima facie derogatory content or discussion on the merits of the case. Consequently, the High Court set aside the trial court's order, allowing the appeal and emphasizing that the application for interim injunction should be decided afresh without prejudice from the observations made. Conclusion: The appeal is allowed, and the impugned order dated February 22, 2013, is set aside. The application for interim injunction will be decided by the learned Single Judge uninfluenced by the High Court's observations. No costs are awarded.
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