India News | Courts Have to Be Uninfluenced by Statements Published in Media & Public Opinion: SC
Get latest articles and stories on India at LatestLY. Courts have to be uninfluenced by statements published in articles and it cannot render decisions on the basis of trial made by media and public opinion, the Supreme Court said in Monday.
New Delhi, Aug 31 (PTI) Courts have to be uninfluenced by statements published in articles and it cannot render decisions on the basis of trial made by media and public opinion, the Supreme Court said in Monday.
The apex court said that while exercising judicial functions, the court cannot take into consideration whether it would be “praised or criticized” for its judgement.
“The court cannot abdicate its duty and has to be uninfluenced by the statements published in various articles published in the media and opinions expressed therein. It has to decide the case uninfluenced by such opinions,” said the bench, comprising Justices Arun Mishra, B R Gavai and Krishna Murari.
It said “While exercising our judicial functions, we cannot take into consideration whether we will be praised or criticized for the judgment which we render. We are required to decide the cases on the basis of the law as it correctly stands, in our perception and understanding.” it said.
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The remarks were made in the verdict by the bench while imposing a “nominal fine” of Re 1 on activist lawyer Prashant Bhushan in a contempt case in which he was convicted on August 14 for his two derogatory tweets against the judiciary.
The bench noted that senior advocate Rajeev Dhavan, who appeared for Bhushan, had argued that court should consider various statements made by some of the retired judges, journalists and others.
“The argument is founded on the fact that the court should be influenced by the opinion expressed in the newspapers and other media, when the court is hearing a matter. There are two facets of the argument. Firstly, whether the court should be moved by the statement published in the newspaper and secondly, whether, in a sub judice matters, such statements are permissible to be made,” the bench said
The apex court said there were two questions -- whether the court can be guided by such opinions expressed on public platform and as to whether the court, while exercising its judicial duties, render its decision on the basis of the trial made by the media and public opinion.
“Answer to both the questions are found firmly in the negative,” it said.
It said Dhavan had submitted that the court would be criticized, in case it inflicts any punishment upon Bhushan.
“We are unmoved by this submission,” it said, adding, “We are not expected to decide the matter on the basis as to whether there will be criticism of the judgment or not. We have to be always ready for its fair criticism.”
The bench said that while the matter was pending, Bhushan had talked to media and statement made by him pursuant to the August 20 order “was also published well in advance in extenso, word to word, in the newspaper and media”.
The bench said that in a sub judice matter, releasing such statement to the press in advance is an “act of impropriety” and has the effect of interfering with the judicial process and fair decision making.
It said if such kind of action is resorted to in a sub judice matter, “that too by an advocate who is facing a criminal contempt, it virtually tantamount to using a forum or platform which is not supposed to be used ethically and legally.”
“More so, in a serious case of criminal contempt and particularly after the conviction has been recorded by this court, it indicates that the tolerance of the court is being tested for no good reasons by resorting to unscrupulous methods,” it said.
It noted that Dhavan had fairly stated that in a sub judice matter, it is not open to the lawyer or litigant to go to press and make statement.
“However, it appears that this good sense and counsel by a senior lawyer of long standing has not prevailed upon the contemnor (Bhushan),” it said.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)