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TMI Blog2005 (2) TMI 881X X X X Extracts X X X X X X X X Extracts X X X X ..... h State Legislature, by name Sri Paritala Ravindra, who was murdered at Anantapur, on 24-1-2005. 2. Petitioners contend that, in view of various dimensions that the case of murder of Sri Paritala Ravindra, had assumed, it has become necessary for them to keep the public, at large, informed of the various possible angles of the matter. Extensive reference is made in the respective affidavits, to the developments, that have taken place ever since 24-1-2005. They ultimately contend that every citizen, and thereby the press, or the electronic media, has a right to propagate the ideas, or to project the views that are possible, in relation to an incident of public importance. They contend that the inaction on the part of the respondents in according permission is violative of their fundamental rights, guaranteed under Article 19(1)(g) of the Constitution of India. 3. Submissions on behalf of the petitioners are made by learned Counsel Sri K. Sarvabhouma Rao, P. Vishnu Vardhan Reddy and Sri A. Chandrasekhar. All of them contend that, though, basically it is the function of the Investigating Agency, to identify the actual culprits and bring them to the book, the society, at large, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Article 19(1)(g) of the Constitution of India, which reads as under: Article 19(1) : All citizens shall have the right (a) to freedom of speech and expression 7. No independent statute or provision exists, either defining or determining the parameters of freedom of press. The importance of the press, be it, of print or of electronic media, has been recognized beyond any pale of doubt. As early as in the year 1950, in Romesh Thappar v. State of Madras, 1950CriLJ1514 , the Supreme Court observed as under: ...The press has now assumed the role of the public educator making formal and non-formal education possible in large scale, particularly in the developing world where television and other kind of modern communication are not still available for all sections of society. The purpose of the press is to advance the public interest by publishing facts and opinions without which a democratic electorate cannot make responsible judgments... The same view came to be reiterated in subsequent judgments rendered by the Supreme Court and the High Courts. However, as in the case of any rights, fundamental or legal, reasonable restrictions on this freedom are also recog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing, is likely to hamper the investigation or impair the trial. Such instances may result in an unsatisfactory and imperfect disposal of the case. It is immaterial whether the impact of the same is felt by the complainant or the accused. 10. In the instant case, the person, who is sought to be interviewed, answers both the above descriptions, namely, the convict as well as an accused. He is already serving a life sentence, on being convicted in a Car Bomb Blast Case. Incidentally, he is named as one of the accused, in relation to a murder of an M.L.A., which took place on 24-1-2005. Since the purpose of the proposed interview, by the petitioners, is in relation to his involvement in the murder case, as an accused, the matter needs to be examined from that angle. 11. In the Criminal Law, as it prevails in India, the State has the sole prerogative to prosecute an individual for committing an offence. It connotes one of the facets of sovereignty. Prosecution, in turn, has several facets, such as investigation and trial. In the prevalent system, a person, accused of committing an offence, is accorded the right of silence. It is for the prosecution to prove and establish the invol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of views and to canvass them. Even assuming that he holds the same right as any free citizen, he is not before this Court. Therefore, the request of the petitioners falls squarely in the realm of freedom of press. 14. The freedom of press, in the context of trial of criminal cases, came to be considered by the Supreme Court in a recent judgment in State of Maharashtra v. Rajendra Jawanmal Gandhi, (1997)8SCC386 . The Court expressed its displeasure over the phenomenon, which, it called as trial by press, electronic media or public agitation . The case related to an offence of rape of a minor girl. The accused therein, was convicted for the offence and sentenced to rigorous imprisonment for seven years, by the Trial Court. In appeal, the High Court upheld the conviction under Section 354 but set aside the one under Section 376 IPC, and the sentence is also modified. An agitation was undertaken by an organization called Nagaric Keerthi Samiti, Kolhapur, against the acquittal of accused for the offence under Section 376 IPC. The Samithi filed an appeal before the Supreme Court, after obtaining leave. The State of Maharashtra has also filed an appeal. 15. In its judgment, the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls would reach persons of all categories, irrespective of age, literacy, and their capacity to understand or withstand. The impact of such a telecast on the society is phenomenal. If any proof in this regard is needed, the consequences of undue publicity, given to the execution of death sentence against Danunjay Chaterjee, would provide one. The telecast was so out of proportion and frequent that the boys of tender age were tempted to test, what hanging would be about. In the process, two boys are said to have lost their lives. Unfortunately, this uncontrolled or unedited telecast or propagation of news is resorted to, the name of exercise of right to freedom of speech and expression, or freedom of press. In England, an agency known as Broadcasting Standards Commission is constituted to regulate these matters. Such an agency does not exist in our country. 18. Taken aback by the content and tenor of news items, published in relation to certain matters, which have their own implications on the proceedings before it, as well as some responsible persons in the Government, the Supreme Court said this view in its judgment in In Re: Harijai Singh, Para 10: But it has to be remember ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... privacy of the person, whom they intend to interview. 20. In R. v. Taylor (Michelle Ann) and Taylor (Lisa Jane) (1994) 98 Cri.App. 361, an English Appellate Court has this, to say about the impact of the press coverage of sensational instances on the trial of the matters. ...Further, it was clear that the press coverage had been sensational, unremitting, extensive inaccurate and misleading and despite the Judges warning it was impossible to say that the jury had not been influenced by it. The nature of the publicity was such that a retrial would not be appropriate... 21. The right to privacy, vis-a-vis the freedom of press was considered by the Court of Appeal in Regina v. Broadcasting Standards Commission, Ex p British Broadcasting Corporation (2001) QB 885. The Court observed: It would be departure from proper standards, if, for example the B.B.C., without justification, attempts to listen clandestinely to the activities of a Board meeting, the same would be true of secret filming of Board meeting . 22. In Express Newspapers Pvt. Ltd. v. Union of India, AIR1986SC872 , the Supreme Court, even while upholding the freedom of press and recognizing its importance, so ..... X X X X Extracts X X X X X X X X Extracts X X X X
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