MEDIA TRIAL: A HINDRANCE IN DISPENSATION OF JUSTICE
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Abstract
“Fair is foul and foul is fair” recollecting the lines enshrined in Shakespeare’s play Macbeth, one could indisputably perceive what it contemplated acceptable today may conceivably be malevolent and vice versa perchance deplorable now and adequate in future. To understand the antagonism of free trial and free media one has to reflect on the evolutions of court and media and its present scenario. The judiciary and the media share a common bond and play a complimentary role to each other; man is the centre of of their universe. Both the judiciary and media are engaged in the same task; to discover the truth, to uphold the democratic values and to deal with social, political and economic problems. Media as referred to by many as the “eyes and ears of the general public”. Media intervention in under trial cases has become very normal affairs in the society. Judges are compelled somehow to take decision according to the follow up of Media criticism. For which, declaration of verdict by media becomes the final verdict in trial courts especially in many high profile cases. Reincarnated as public court, media separately starts investigation and forms public opinion. It is obvious that to run the democracy very smoothly, a free and healthy media functionary is needed. But most of the time the freedom of expression is engrossed the controversy by the sub clause (2), article 19 of the Constitution of India. It does not embrace the freedom to contempt of court. The journey from ‘mission to profession to creation’ or in other words ‘passion to fashion’ endorses the selling of human values. This paper is a humble effort to analyze the need of media involvement and playing a crucial role in establishing the justice in the society.
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