1. ROLE OF MEDIA IN DISPENSATION OF JUSTICE
LL.B. Dissertation
submitted to
Indian Institute of Technology, Kharagpur
In partial fulfillment for the award of the degree
of
LL.B. (Hons.)
In
Intellectual Property Law
by
Isha Suri
11IP60023
under the guidance of
Prof. Dipa Dube
RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW
INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR
APRIL 2014

2. ii
God, grant me the serenity to accept the things I cannot change,
the courage to change the things I can,
and wisdom to know the difference.

3. iii
DECLARATION BY STUDENT
I certify that
a. the work contained in this report has been done by me under the guidance of my
supervisor.
b. the work has not been submitted to any other Institute for any degree or diploma.
c. I have conformed to the norms and guidelines given in the Ethical Code of
Conduct of the Institute.
d. whenever I have used materials (data, theoretical analysis, figures, and text) from
other sources, I have given due credit to them by citing them in the text of the
thesis and giving their details in the references. Further, I have taken permission
from the copyright owners of the sources, whenever necessary.
Date: Signature of the Student

4. iv
CERTIFICATE BY SUPERVISOR
This is to certify that the project report entitled Role of Media in Dispensation of
Justice, submitted by Ms. Isha Suri to Indian Institute of Technology, Kharagpur, is a
bonafide work carried out by her under my supervision, in fulfillment of the requirements
for the degree of Bachelor of Laws (Hons) in Intellectual Property Law.
Date: Supervisor

5. v
ACKNOWLEDGEMENT
First and foremost, I wish to express my sincere gratitude towards my thesis supervisor,
Prof. (Dr.) Dipa Dube, for her constant guidance and motivation throughout this research.
It was her belief in the topic that I always sought in times of doubts and misgivings.
I would also take this opportunity to thank all the faculty members of Rajiv Gandhi
School of Intellectual Property Law, IIT Kharagpur for being supportive of all my
endeavors over the past three years. Your mentorship and guidance has always stood me
in good stead and I shall always be indebted to you.
A special note of thanks for my batch mates, seniors and juniors for making my stay in
Kharagpur such a memorable experience.
It would not have been possible to write this thesis without the support of my closest
friends who have been a constant source of encouragement in my life. I am grateful to
Praful for the endless hours spent discussing and planning this research and for patiently
going through my drafts and giving me valuable feedback. I am also indebted to Kanishk
for always believing in me and extending his unflinching support in the most trying of
times. I also want to thank Ashish for believing in my ideas when I began to doubt them.
I owe whatever I am today to my parents. They have offered me their unconditional love
and support without ever expecting anything in return. I shall be eternally grateful to
them.
Ultimately, I have to thank my kid sister Namya, who is my sunshine, for she is a
constant source of warmth and hope in my life.
Date: Signature of the Student

6. vi
LIST OF ABBREVIATIONS
AIR All India Reporter
Anr Another
Art Article
BCCL Bennett Coleman Company Limited
BMW Bayerische Motoren Werke AG
CBI Central Bureau of Investigation
CD Compact Disc
CEO Chief Executive Officer
CNN-IBN Cable News Network- Indian Broadcasting Network
Criminal CC Criminal Court Cases
CriLJ Criminal Law Journal
CrPC Code of Criminal Procedure
DE Delhi
Dep. Anthropol. Department of Anthropology
DGP Deputy General of Police
DTH Direct to Home
Ed Edition
etc Et cetera
FIR First Information Report
Glob. Media. J Global Media Journal
GSICC Gender Sensitisation and Internal Complaints Committee
HC High Court
INR Indian Rupees
IPC Indian Penal Code
IPO Initial Public Offering
IRS Indian Readership Survey
JT Judgement Today
LR London Reporter
Manu Manupatra

7. vii
MRUC Media Research Users Council
NCW National Commission for Women
NDTV New Delhi Television
NMSA News Media Standards Authority
NZ New Zealand
Ors Others
PM Prime Minister
PUCL People’s Union for Civil Liberties
QB Queen’s Bench
RTI Right to Information
SC Supreme Court
SCALE Supreme Court Almanac
SCC Supreme Court Cases
SEBI Securities and Exchange Board of India
SP Superintendant of Police
TAM Television Audience Measurement
UK The United Kingdom
Univ University
UP Uttar Pradesh
US The United States of America
v. Versus
WAN-IFRA World Association of Newspapers and News Publishers

8. viii
INDEX OF AUTHORITIES
I. Articles and Contributions
1. Ann Sanson et al, Media Representations & Responsibilities Psychological
Perspectives, 9, THE AUSTRALIAN PSYCHOLOGICAL SOCIETY, (July 2000).
2. D.S.Shivarudrappa, Press and Public Opinion: The Role of Kannada News
Papers in Northern Karnataka Region, 2 (10), INTERNATIONAL JOURNAL OF
HUMANITIES AND SOCIAL SCIENCE INVENTION 1, (2013).
3. Jeffrey, Robin, Culture of Daily Newspapers in India: How it’s Grown, What it
Means, ECONOMIC AND POLITICAL WEEKLY, (April 4 1987).
4. Kathakali Nandi, Investigative Role of Media: Responsibility to the Society,
GLOB. MEDIA J. – INDIAN ED. SUMMER ISSUE 1–9 (2011).
5. N. Ram, The Changing Role of the News Media in Contemporary India, INDIAN
HISTORY CONGRESS, (December, 2011).
6. Denis McQuail, Reflections on Paradigm Change in Communication Theory and
Research, 7 INT. J. COMMUN. 216–229 (2013).
7. Reetinder Kaur, Representation of Crime Against Women in Print Media: A
Case Study of Delhi Gang Rape, 02 DEP. ANTHROPOL. PANJAB UNIV. 2–4
(2013).
8. Shri Ajit Bhattacharjea and B G Verghese, “Paid News”: How Corruption in the
Indian Media Undermines Democracy, 12, Press Council of India (2010).
9. Tom Wright, India Media Buries Paid News Report, THE WALL STREET
JOURNAL (June 18, 2013).
10. Rosenstiel, Tom & Mitchell, Amy, The State of the News Media 2011:
Overview, Pew Research Center’s Project for Excellence in Journalism (2011).
11. Pushkar Raj, Nithari: The Story of the Poor Who Lost their Children, PUCL
(February 2007).
II. Books
1. Carrabine et al, CRIMINOLOGY: A SOCIOLOGICAL INTRODUCTION (2004).
2. Chris Greer, NEWS MEDIA, VICTIMS AND CRIME (2007).

9. ix
3. Dutton et al. STUDYING THE MEDIA: AN INTRODUCTION, (1998).
4. J.Galtung and M. Ruge ‘Structuring and Selecting News’, THE MANUFACTURE
OF NEWS: DEVIANCE, SOCIAL PROBLEMS AND THE MASS MEDIA (1981).
5. Karl Marx and Friedrich Engels, COLLECTED WORKS, Vol I.
6. M.Presdee, CULTURAL CRIMINOLOGY AND THE CARNIVAL OF CRIME, (2000).
7. Nolan Shutler, Nick Chapman and Harsh Dobhal, IN DEFENCE OF JOURNALISTS
(2011).
8. Page, David and Crawley, William, SATELLITES OVER SOUTH ASIA:
BROADCASTING, CULTURE AND THE PUBLIC INTEREST (2001).
9. Ram, N. AN INDEPENDENT PRESS AND ANTI-HUNGER STRATEGIES: THE
INDIAN EXPERIENCE’, THE POLITICAL ECONOMY OF HUNGER, VOLUME I:
ENTITLEMENT AND WELL-BEING, (1990).
10. Ronald Steel, WALTER LIPPMANN AND THE AMERICAN CENTURY, (1980).
11. S. Chibnall, LAW AND ORDER NEWS: AN ANALYSIS OF CRIME REPORTING IN
THE BRITISH PRESS (1977).
12. Steve Chermak, VICTIMS IN THE NEWS: CRIME AND THE AMERICAN NEWS
MEDIA (1995).
13. Thomas Carlyle, ON HEROES AND HERO WORSHIP AND THE HEROIC IN
HISTORY, (1840).
14. Valier, CRIME AND PUNISHMENT IN CONTEMPORARY CULTURE (2004).
15. Y. Jewkes, MEDIA AND CRIME (2004).
III. Statutes
1. CONTEMPT OF COURTS ACT, 1971.
2. PRESS COUNCIL ACT, 1978.
3. THE CODE OF CRIMINAL PROCEDURE, 1973.
4. THE CONSTITUTION OF INDIA, 1950.
5. THE INDIAN PENAL CODE, 1860.

10. x
IV. Other Authorities
1. 128th Report of the Law Commission of New Zealand, The News Media ‘New
Media’, 2013.
2. 200th Report of the Law Commission of India, Trial by Media Free Speech and
Fair Trial Under Criminal Procedure Code, 1973 AUGUST, 2006.
3. Press Release of World Association of Newspapers and News Publishers
(WAN-IFRA), 63rd World Newspaper Congress, (October 13, 2011).
4. Television Audience Measurement (TAM), TAM Annual Universe Update,
(2011).
5. UNESCO (2011), Concept Paper, World Press Freedom Day 2011, 21st Century
Media: New Frontiers, New Barriers (Washington D.C).

11. xi
LIST OF CASES
Ashok Kumar Todi v. Kishwar Jahan AIR2011SC1254
Director General of Doordarshan and Others v.
Anand Patwardhan and Another
JT 2006 (8) SC 255
Kedar Nath v. State of Bihar 1962AIR955
Lingaram Kodopi v. State of Chattisgarh 2014(1) Crimes209(SC)
Mr. Tarun Tejpal v State of Goa
Anticipatory Bail Application
No.573/2013
R v. Hicklin [1868] LR3QB360
R. Rajagopal and Another v. State of Tamil Nadu
and Others
JT 1994 (6) SC 514
R.K .Anand v Registrar, Delhi High Court (2009)8SCC106
Ram Narain Poply, Pramod Kumar Manocha,
Vinayak Narayan Deosthali and Harshad S. Mehta
v. Central Bureau of Investigation and Ors.
AIR2003SC2748
S.P.S. Rathore v. C.B.I. New Delhi 2002(2) CriminalCC468
Sahara India Real Estate Corporation Ltd. and
Ors. v. Securities and Exchange Board of India and
Anr
(2012)10SCC603
Saint Shri Asharam Bapu v. Union of India (2013)10SCC37
Sajal Sureshkumar Jain v. State of Gujarat 2010CriLJ213
Santosh Kumar Singh v. State through CBI (2010)9SCC747
State v. Ram Singh and another MANU/DE/0649/2014
State v. Sidhartha Vashisht And Ors AIR2010SC2352
State v. Vikas Yadav and Vishal Yadav MANU/DE/0847/2014

12. xii
Surendra Koli v. State of UP AIR2011SC970
Sushil Ansal v. State through CBI MANU/SC/0190/2014

13. xiii
ABSTRACT
Media, referred to as the fourth pillar of democracy has the power to outline and
influence political issues and therefore its role in the society cannot be undermined nor
can it be ignored. In today’s day and age, media pervades all spheres of an individual’s
life, as a consequence of which, the role of erstwhile consumers of news has changed
from being a passive observer to that of an active participant. With the advent of modern
technology, the role of journalists in the society has also changed and so has the manner
of reporting. The principal objective of this thesis is to examine whether media has a
positive impact on the criminal justice dispensation system. This has been done through
the identification of a few widely reported cases over the past 24 years. These cases have
been selected based on their coverage in the archives of leading national dailies. The
national dailies have been chosen based on the Indian Readership Survey conducted by
the Media Research Users Council. In addition to print media, reportage by the broadcast
media has also been looked into. Thereafter, the role played by the media on the
dispensation of justice has been observed. Through the study of these cases it has been
observed that media does have the wherewithal to influence the masses. Moreover,
widespread coverage ensures that incidents remain in the public memory for a longer
time and is instrumental in shaping the public’s opinion. However, over the past few
years, media has garnered negative attention as most of these media conglomerates seek
to further their business interests which leads to manipulation of reportage. Furthermore,
multi-channel private channel television channels are not within the purview of any
regulatory authority. At the end of this thesis suggestions have been put forth to address
these concerns. Lastly, this study highlights how an ethical, unbiased and unfettered
media is the ‘sine qua non’ of a democratic form of government.
Keywords: Media Activism, Media and Justice, Role of Media in Society, Trial by
Media, Fair Trial.

14. 1
CONTENTS
Title Page i
Declaration by Student iii
Certificate by Supervisor iv
Acknowledgement v
List of Abbreviations vi
Index of Authorities viii
List of Cases xi
Abstract xiii
1 INTRODUCTION ...................................................................................................... 3
2 ROLE OF MEDIA IN THE SOCIETY...................................................................... 8
2.1 Introduction to Media........................................................................................... 8
2.2 Journalism in Contemporary Times..................................................................... 9
2.3 Media and its Impact on the Society.................................................................. 12
2.4 Conclusion.......................................................................................................... 16
3 A STUDY OF CASES THAT WITNESSED MEDIA INTERVENTION.............. 17
3.1 Laws Governing the Indian Media..................................................................... 17
3.1.1 Obscenity .................................................................................................... 17
3.1.2 Sedition and Censorship ............................................................................. 19
3.1.3 Contempt of Court ...................................................................................... 20
3.1.4 Defamation.................................................................................................. 22
3.1.5 Disclosure of sources .................................................................................. 23
3.1.6 Parliamentary Privilege............................................................................... 24
3.2 Introduction........................................................................................................ 25
3.3 Cases that Witnessed Media’s Involvement....................................................... 25
3.4 Analysis of the Impact of Media Intervention ................................................... 51
3.5 The Impact of Media Reportage in Recent Times ............................................. 52
3.6 Conclusion.......................................................................................................... 55
4 GAPS IN THE EXISTING SYSTEM ...................................................................... 56
4.1 Existing Literature Highlighting the Negative Impact of Media ....................... 56
4.2 Shortfalls of the Existing System....................................................................... 59
4.3 Suggestions to Fill the Lacuna within the System ............................................. 65

15. 2
5 SUGGESTIONS AND CONCLUSION................................................................... 67
5.1 Introduction........................................................................................................ 67
5.2 Self Regulation - Essential for Fair and Objective Journalism.......................... 67
5.3 Independent Regulatory Authority to Regulate Media ...................................... 68
5.4 Conclusion.......................................................................................................... 70

16. 3
1 INTRODUCTION
“The free press is the ubiquitous vigilant eye of a people's soul, the
embodiment of a people's faith in itself, the eloquent link that connects the
individual with the state and the world, the embodied culture that transforms
material struggles into intellectual struggles and idealizes their crude
material form. It is a people's frank confession to itself, and the redeeming
power of confession is well known. It is the spiritual mirror in which a
people can see itself, and self-examination is the first condition of wisdom. It
is the spirit of the state, which can be delivered into every cottage, cheaper
than coal gas. It is all-sided, ubiquitous, omniscient. It is the ideal world
which always wells up out of the real world and flows back into it with every
greater spiritual riches and renews its soul.”1
Over the past two decades the Indian media has witnessed significant growth rates,
thriving in an environment having minimal or no regulation. It is estimated that during
2010-11 more than 80,000 newspapers were registered in India. While an estimated 330
million newspapers are circulated daily in the country. Owing to its massive reach, the
role that media plays in the society cannot be undermined.
However, one man’s activism is perceived as another man’s violation of a right to fair
trial. In recent times media has been subject to severe criticism for over-sensationalizing
news items in order to garner more Target Rating Points (TRPs). Furthermore, this has
been alleged to influence the judicial minds while adjudicating upon a matter.
Nonetheless, it is no secret that many a times this investigative journalism has played a
significant role in ensuring that justice is delivered. Be it the Harshad Mehta case or the
verdict of Jessica Lal murder, intervention by media was imperative in ensuring
dispensation of justice.
Through this thesis, the researcher seeks to examine the positive role played by the media
in the dispensation of justice. Furthermore, a comparison between cases where media
played an active role and cases that were not highlighted by the media shall be carried
1
Karl Marx and Friedrich Engels, COLLECTED WORKS, Vol I, 142, New York: International Publishers,
1975.

17. 4
out. Lastly, an attempt shall be made to design a model where media’s role can be
utilized to ensure expeditious delivery of justice. This model shall be based on similar
such models in other jurisdictions.
Motivation for the Thesis
While there is no dearth of research materials, journals and reports, including a law
commission report,2
emphasizing upon the negative role played by the media there is
hardly any study focusing upon the positive impact of media in the Indian criminal justice
system. Over the past two decades there have been numerous cases wherein timely media
intervention has expedited the entire process of dispensation of justice.
It is an undisputed fact that malpractices by journalists can cause irreparable harm to the
reputation of the accused along with his/her emotional and mental well being. However,
in a country where those in power misuse the legal machinery to suit their whims and
fancies, isn’t it necessary that they are held accountable? It is rather unfortunate that we
live in a time where the rich and famous call the shots, while the common man is
exploited by all and sundry. In such a scenario curbing the freedom of the press can have
serious repercussions.
First of all it is important to define the term “mass media”; mass media as a layman
would understand is anything that conveys information and knowledge to a diverse
audience through various channels of communication. Coincidentally, during the 18th
century critiques of mass culture began to emerge. The impact of press and journalism
was questioned during that era primarily because industrial and democratic revolutions
were usually accompanied by popular literature, journalism and the modern press.3
2
Report on Trial by Media, 200th Law Commission Report. (1970)
3
Douglas Kellner, Nietzsche’s critique of mass culture, available at
http://www.uta.edu/huma/illuminations/kell22.htm (Last visited Mar 29, 2014). (In Nietzsche’s words:
“The bulk of the German's daily reading material can be found, almost without exception, on the pages of
the daily papers and the standard magazines. This language, its continual dripping -- same words, same
phrases -- makes an aural impression. For the most part, the hours devoted to this reading are those in
which his mind is too weary to resist. By degrees the ear feels at home with this workaday German and
aches when, for any reason, it is not heard. But, almost as an occupational hazard, the producers of these
newspapers and periodicals are the most thoroughly inured to the slimy journalistic jargon. They have quite
literally lost all taste and relish, above all, the absolutely corrupt and capricious. This explains that tutti

18. 5
Through the passage of time, media once ridiculed by critiques of mass culture and the
press during the eighteenth century started garnering support and towards the end of the
19th century modern free press emerged in most of the Western countries.
It is worthwhile to note that with the advent of smart phones- collection and dispersion of
news is much more rapid. In this digital age, journalists are required to constantly
reinvent means of news reporting. Despite being an essential part of the Indian
household, print media shall have a diminished impact on the Indian society when
compared to other forms of journalism such as broadcast media. Furthermore, it has been
observed that over the past decade reporting has become much more collaborative and
participatory in nature.
Methodology
The study is a doctrinal one based on analysis of existing literature on the subject-
reports, articles, books etc. Thereafter, a critical analysis of cases widely reported in
media and decided by the courts in India will be undertaken. Select criminal cases over
the last two decades will be identified. The identification shall be done by the researcher
through the following steps:
i. Archives of two leading national dailies will be accessed for widely reported
cases in the past two decades.
ii. The manner of reporting, amount of space provided and placement of the
relevant news item shall also be looked into.
iii. The role played by media in the dispensation of justice shall be enquired into.
iv. Impact of media coverage on the subsequent judgment.
unisono with which every newly coined solecism instantly chimes in spite of the general torpor and
malaise. With their impudent corruptions these wage-laborers of language take revenge on our mother-
tongue for boring them so incredibly.”).

19. 6
Sources of Data:
 Print media: Archives of leading dailies shall be accessed. The newspapers
shall be selected based on the results of Indian readership survey (IRS) released
by Media Research Users Council (MRUC).
 Electronic media: Websites and blogs of news channels shall be referred to.
Once the cases have been identified, the researcher will conduct an in-depth study of the
same and try to indicate the positive role of the media vis-à-vis the decision of the courts.
Objective
 To determine the role of media in the dispensation of justice.
 To analyse the positive impact of media in the dispensation of criminal justice.
Hypothesis
Media plays a positive role in the dispensation of justice.
Organization of the Thesis
The topic is introduced in Chapter I and the methodology that shall be followed during
the course of this thesis is outlined.
Chapter II describes the role that media plays in the society and how it has changed over
the course of time. Furthermore, it describes the impact that media has on the masses and
how it can be used for progressive outcomes.
Chapter III provides a brief overview of the current laws governing the Indian media.
Thereafter, a select few criminal cases that have been widely reported have been
identified and the role of media in the dispensation of justice has been examined.
Chapter IV a brief description on the existing literature highlighting the ills of media has
been provided. Additionally, some of the concerns plaguing the Indian media industry
have been identified and plausible solutions suggested.

20. 7
Chapter V concludes the thesis with suggestions put forth on how to improve the existing
concerns of media and a summary of the research undertaken has been provided.

21. 8
2 ROLE OF MEDIA IN THE SOCIETY
“The advancement and diffusion of knowledge is the only guardian of true liberty.”4
2.1 Introduction to Media
Owing to its power to outline and influence political issues, mass media is touted as the
fourth pillar of democracy,5
The origin of the expression “the fourth pillar of democracy”
can be attributed to Thomas Carlyle, a Scottish essayist and historian, who is believed to
have coined this term during the first half of the nineteenth century.6
In a democratic
system of governance the importance of media cannot be undermined because it is
pivotal in shaping the public’s opinion.7
The term “media” throughout this thesis refers to “mass media”, which refers to channels
of communication that involve transmitting information to a large number of people.8
Traditionally, mass media was segregated from interpersonal communication on the
following four accounts:
i. Distance
Communication between those who send and receive information is remote,
devoid of intimacy and is monologic in nature.
ii. Technology
In order to be facilitated mass medium requires a vehicle, such as a television
receiver, or a mode of printing in case of print media such as newspapers.
iii. Scale
Mass media operates at an immense scale and it involves concurrent
communication with a large number of people.
4
James Madison, President of the United States (1809-1817).
5
Thomas Carlyle, ON HEROES AND HERO WORSHIP AND THE HEROIC IN HISTORY, (1840). ("Burke said
there were Three Estates in Parliament; but, in the Reporters' Gallery yonder, there sat a Fourth Estate more
important far than they all.").
6
Ibid.
7
D.S.Shivarudrappa, Press and Public Opinion: The Role of Kannada News Papers in Northern Karnataka
Region, 2 (10), INTERNATIONAL JOURNAL OF HUMANITIES AND SOCIAL SCIENCE INVENTION 1, (2013).
8
Defining the Mass Media, Sociology Central (2011), available at
http://www.sociology.org.uk/media_defined.pdf (Last visited on April 13, 2014).

22. 9
iv. Commodity
Another characteristic of mass media is that it is procured at a price. For
instance, a person can watch a political debate on his television only if he can
afford to buy a television.9
However, technological advancement has rendered this distinction obsolete. The digital
age and more specifically the internet has caused a paradigm shift in the way mass media
is perceived in the modern times. Computer and mobile networks enable citizens to
simultaneously interact and communicate with one another. Consequently, it is now
possible for interpersonal communications to take place at a wider scale. Examples of
such communications include but are not limited to internet chat rooms, peer to peer
networks and social media. Furthermore, this has blurred the distinction between the
producer and consumer of information and interaction has become much more
participatory in nature.
2.2 Journalism in Contemporary Times
The future of traditional forms of media appears bleak in the face of stiff competition
from digital mediums.10
In recent times it has been global technological giants such as
Google, Twitter, Facebook and the like who have captured and influenced the public
space immensely. This role traditionally belonged to the print as well as broadcast
media.11
Globally, printed newspapers with a reported circulation of 519 million are read
by 2.3 billion people daily, which is 20 per cent more than the internet.12
While the daily print newspaper circulation has witnessed a decline in the developed
parts of the world,13
it has surged by 16 per cent and 4.5 per cent in the Asia Pacific
9
Dutton et al. STUDYING THE MEDIA: AN INTRODUCTION, (1998).
10
UNESCO (2011), Concept Paper, World Press Freedom Day 2011, 21st Century Media: New
Frontiers, New Barriers (Washington D.C).
11
Rosenstiel, Tom & Mitchell, Amy, The State of the News Media 2011: Overview, Pew Research Center’s
Project for Excellence in Journalism (2011), available at http://stateofthemedia.org/2011/overview-2, (Last
visited on April 13, 2014).
12
Press Release of World Association of Newspapers and News Publishers (WAN-IFRA), Christoph Riess
(CEO), 63rd World Newspaper Congress, (October 13, 2011), available at http://www.wan-
ifra.org/articles/2010/11/26/world-press-trends-and-more-reports .
13
Ibid. (17 per cent between 2006 and 2010 in the United States, 11.8 per cent in western Europe,

23. 10
Figure 2.1 A traditional news room, wherein there is a strict distinction between the
producers (Assignment Editors) and the consumers (Public).
region and the Latin America, respectively.14
Moreover, it is estimated that a quarter of
the world’s 100 top selling daily newspapers are now published in Asia, with India being
amongst the world leaders in the newspaper industry. Furthermore, satellite television has
witnessed a growth in South Asia. During 2011, an estimated 141 million households had
television, out of which 116 million had a cable connection while 26 million were being
served by direct to home (DTH) television.15
Peculiarly though, India currently boasts of
only 100 million internet users, barely a fifth of current internet users in China. Also,
internet penetration in the Indian market is currently pegged at 8.40 per cent, which is
much lower than the 70 per cent norm of the developed countries.16
However, according to the recent Indian Readership Survey (IRS2012, Q2), newspaper
readership has remained inert during the first half of 2012, while the number of internet
users, albeit from a low base have increased by 35 per cent. Therefore, it is likely that the
Indian print industry shall meet the fate of its American counterpart well before 2040.17
and 10 per cent in eastern and central Europe).
14
Ibid.
15
Television Audience Measurement (TAM), TAM Annual Universe Update, (2011), (Last visited on 29
March 2014).
16
Internet World Stats (2011), http://www.internetworldstats.com, (Last visited on 29 March 2014).
17
N. Ram, The Changing Role of the News Media in Contemporary India, INDIAN HISTORY CONGRESS,
December, 2011, available at
http://www.thehindu.com/multimedia/archive/00863/Contemporary_India__863821a.pdf (last visited April
11, 2014). (There are plenty of signs of complacency in Indian media circles about the time frame
available. According to Jacob Mathew, current president of WAN-IFRA, ‘some studies predict that, by
2040, the Indian print industry would meet the fate of the American print media industry’ but by then
Indian media publishers should be in a position to ‘get a good share of the [advertising] revenue’ (Mathew
2011).

24. 11
Figure 2.2 A Newsroom of the 21st Century. Herein, the public is an active participant
in the information dissemination and distribution procedure, for instance a news hour
debate being broadcast on a news channel often invites comments from the public.
Figure 2.3 A snapshot of the newsroom over the next two decades
The following images represent the evolution of news media over the past four decades
and how it is expected to evolve in the near future.

25. 12
2.3 Media and its Impact on the Society
Electronic media is omnipresent and it pervades all spheres of our life through various
vehicles of communication, including television sets, smart phones, computers or laptops.
Consequently, media has become an integral part of our lives and is continuously found
lurking in the shadows. Needles to say it is a constant source of information, education
and entertainment.18
Although, media as a whole has an impact on the consumer’s thought process, modern
forms of communication which includes television and the internet has made media a part
of every aspect of an individual’s life. In recent times the role of erstwhile consumers of
news has changed from being a passive observer to that of an active participant.19
A study of private satellite television in South Asia has observed that it has “made a huge
difference to the choice of viewing available even in small towns, tremendously
increased viewing options in relatively small towns, opening windows to worlds which
were inaccessible before except to the well to do…and provoking a lively and often
heated debate about the implications for nations…communities and cultures.”20
Therefore
it can be said that television is a potent cultural force that creates stable, resistant and
generally shared beliefs, graphics, morals and concepts. In other words it creates a
mainstream view of what issues are relevant and what the world is like.21
From the preceding paragraphs it can be stated that media in its varied forms can carry
out a critical role in shaping the public opinion in society and this can in turn be used to
shape public policy on issues having an impact on general well being of the society.
However, the role that the media plays ultimately is also dependent on the role that
18
Ann Sanson et al, Media Representations & Responsibilities Psychological Perspectives, 9, THE
AUSTRALIAN PSYCHOLOGICAL SOCIETY, (July 2000).
19
Denis McQuail, Reflections on Paradigm Change in Communication Theory and Research, 7 INT. J.
COMMUN. 216–229 (2013).
20
Page, David and Crawley, William, SATELLITES OVER SOUTH ASIA: BROADCASTING, CULTURE
AND THE PUBLIC INTEREST (2001). (New Delhi: Sage Publications India Pvt. Ltd.).
21
Ann Sanson et al, Media Representations and Responsibilities, The Australian Psychological Society Ltd,
12, (2001), available at
http://www.psychology.iastate.edu/faculty/caa/VGVpolicyDocs/00AustrPsySocMV.pdf (Last accessed on
April 15, 2014).

26. 13
various forms of news media are allowed to play in the society, which is in turn
dependent on the political system, legal and constitutional safeguards and the information
culture that exists within the society.22
Over the past two centuries, the Indian press has played the following two central
functions23
:
i. the credible-informational
ii. the critical-investigative-adversarial
Owing to these two core functions, the country’s political system provides newspapers
with a relatively free rein and at the same time the public at large begins to value these
two roles24
played by the media.
While these two functions may be segregated theoretically, practically they are
indistinctive. Firstly, for the press to perform its adversarial role properly it must carry
out the credible informational function. In India the news media has been seen as a
credible institution ever since the British colonial rule. This is largely because of the role
it played in the country’s struggle for independence. In the post colonial era, however
this role has predominantly been an acquired characteristic.25
Furthermore, in
contemporary times it is the critical-investigative-adversarial function which makes the
modern media still a credible source of information. Therefore, had it not been for the
adversarial role of media, the credible informational function would dwindle owing to
disuse.
Moreover, under the garb of an adversarial or investigative role the press can be seen as a
watchdog of the society. A role which under the ideal circumstances must be performed
by news media to create a stir in an otherwise dilapidated system of governance.26
These
22
Ram, N. (1990), AN INDEPENDENT PRESS AND ANTI-HUNGER STRATEGIES: THE INDIAN EXPERIENCE’,
THE POLITICAL ECONOMY OF HUNGER, VOLUME I: ENTITLEMENT AND WELL-BEING (Jean Dreze and
Amartya Sen eds) (1990).
23
Supra note 17.
24
The words function and role have been used interchangeably by the author.
25
Supra note 17, page 13.
26
Ronald Steel, WALTER LIPPMANN AND THE AMERICAN CENTURY, (1980).

27. 14
two roles as a consequence of their dependence on each other have also been referred to
as the twin functions of the media.27
When performed in tandem and over an extended
duration of time, these two functions forge a bond of trust between the masses and the
news media.
Apart from these two integral functions, the media also occupies a third function, known
as the “pastime function”.28
Criticized heavily for catering to and at times abetting
voyeurism within the society, it cannot be denied that this role is highly popular amongst
the masses. While, the pitfalls of this role cannot be overlooked, it is worthwhile to state
that this function can be utilized in a more fruitful manner. For instance, it can be used as
a mode to delve deeper into the public sphere and engage the masses through their
hobbies (crossword, sudoku and the like), or it can use satire or humor as a guise to
lighten serious and ponderous journalism.
Most importantly, the aforementioned functions of the media have significant derivatives,
which are capable of revolutionizing the society at large. At the outset, the press has the
impact on the following spheres of an individual’s life:
i. Public education:
Different forms of media such as the press, television, radio and digital media
have the wherewithal to have a positive impact on the public at large. In fact,
over the past few decades the Indian news media which includes print as well as
broadcast media has been educating the masses in varied fields such as politics,
public affairs, law and order situations, science and technology among other
things.
ii. Provides a forum for discourse:
Mass media provides a platform to its consumers/viewers to discuss debate,
analyze and comment on serious sections of journalism. This in itself was the
27
Supra note 17, page 13.
28
Supra note 17, page 15.

28. 15
core idea behind the conception of a free press.29
Moreover, at the centre of
fundamental right to free speech and expression lies the concept of ‘free trade in
ideas’.30
iii. Agenda building:
This derivative of the twin functions is most prominent in investigative
journalism. Even though, the techniques used may be unorthodox, this form of
journalism has been responsible for highlighting significant issues. Some of the
more prominent examples include the Bofors scandal, the 2G spectrum auction,
Commonwealth games and the Adarsh housing scam.31
Another case which
garnered huge media attention and rightly so was the publication of a series of
articles based on the US embassy cables on India. These documents were made
available by Wiki leaks and it apprised the public on relevant issues such as
corruption, ministerial misconduct and cover up of unscrupulous behavior. Most
importantly, it led to the initiation of a criminal investigation under the Supreme
Court of India pertaining to the 2008 ‘cash for votes scandal’.32
Another
laudable feat of investigative journalism has been the exposé of the paid news
scam during the 2009 general elections. In conclusion, it is evident that a
socially conscious media can create a stir in the society which can in turn be
utilized to make progressive outcomes.
29
Miller, Arthur (1961), quoted in ‘Who Killed the Newspaper?’ The Economist, August 24, 2006,
available at http://www.economist.com/node/7830218 (Last visited April 11, 2014). (‘A good newspaper, I
suppose, is a nation talking to itself’).
30
A. P. SHAH, The Most Precious of All Freedoms, THE HINDU, November 26, 2011, available at
http://www.thehindu.com/opinion/op-ed/article2656995.ece (Last visited Apr 14, 2014).
31
Supra note 16, page 17.
32
Ibid. (“On March 17, 2011 a front-page story in The Hindu revealed that a U.S. Embassy cable dated
July 17, 2008 and marked ‘secret’, made available by Wiki Leaks, reported to the State Department that
just ahead of a no-confidence vote the United Progressive Alliance government faced in the Lok Sabha on
the Indo-U.S. nuclear deal, Nachiketa Kapur, an aide to Congress leader Satish Sharma, showed off to a
U.S. Embassy employee ‘two chests containing cash’ as part of a much larger stash of dirty money to buy
MPs’ votes (India Cables, The Hindu 2011; and Tehelka 2011). Publication of the report and the text of the
cable caused a political storm in Parliament and, after a PIL or Public Interest Litigation citing the cable
was filed in the Supreme Court of India, a criminal case was launched and several politicians, including
Amar Singh,
were arrested. The three-year delay in starting a criminal investigation spoke volumes about the official
cover-up of corruption in India, which in this case would have continued had the whistle-blowing cable not
surfaced in the press.”).

29. 16
2.4 Conclusion
In this digital age the way mass media is perceived in the society has undergone a
significant change. Computer and mobile networks enable citizens to simultaneously
interact and communicate with one another. Consequently, it is now possible for
interpersonal communications to take place at a wider scale. Furthermore, modern
vehicles of communication form an integral aspect of our day to day life, as a
consequence of which they have become an indispensable part of the human existence.
Since the media affects all aspects of an individual’s life it has the potential to influence
society at large.

30. 17
3 A STUDY OF CASES THAT WITNESSED MEDIA
INTERVENTION
“When the conspiracy of lies surrounding me demands of me to silence the one word of
truth given to me, that word becomes the one word I wish to utter above all others.”33
3.1 Laws Governing the Indian Media
In the words of Chief Justice BP Sinha, freedom of speech and more specifically, the
freedom of press is, “the sine qua non of a democratic form of government that our
Constitution has established.”34
Nevertheless, the freedom of speech of the Indian media
is restricted through the enactment of various legislations. The following section provides
a summary of various laws governing the Indian media:
3.1.1 Obscenity
Article 19(1) (a)35
of the Constitution of India protects the freedom of speech. However,
this right is not absolute and is subject to “reasonable restrictions” under Article 19 (2)36
of the Constitution of India. These reasonable restrictions have been included in the
interest of “decency or morality” among other things. Free speech is limited by
forbidding obscene publications. Therefore, the important question to be addressed while
restricting freedom of speech is whether the publication is obscene or not.
The charge of obscenity is determined by Section 292 of the Indian Penal Code (IPC),
1860.37
Since the term “obscene” has thus far not been defined in the IPC, it is the
33
Andre P. Brink, South African Novelist, 1983.
34
Kedar Nath Singh v. the State of Bihar, [1962] AIR 955.
35
Art 19(1) (a), THE CONSTITUTION OF INDIA, 1950. (All citizens shall have the right to freedom of
speech and expression.)
36
Art 19(2),THE CONSTITUTION OF INDIA, 1950. (Nothing in sub clause (a) of clause (1) shall affect the
operation of any existing law, or prevent the State from making any law, in so far as such law imposes
reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the
sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public
order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.)
37
Section 292, THE INDIAN PENAL CODE, 1860. (For the purposes of sub-section (2), a book, pamphlet,
paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene
if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more
distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and

31. 18
responsibility of the Indian courts to ascertain whether a publication is obscene or not. In
order to do so, the courts adopted the test laid down in the case of R v. Hicklin38
. Also
known as the Hicklin rule, it states that a matter or publication is said to be obscene if it
depraves and corrupts the mind of those who are open to such immoral influences.
Owing to its over inclusiveness and its tendency to penalize a person on the basis of other
people’s reactions has been severely criticized. Lack of proper guidelines makes it the
sole discretion of the judge to ascertain whether a publication is obscene or not.39
Though not expressly overruled, the Hicklin test40
has been reinterpreted over time, and
currently, a higher standard is required to pronounce a publication as obscene. The
Supreme Court in the case of Doordarshan41
laid down the following guidelines:
i. whether “the average person, applying contemporary community standards”
would find that the work, taken as a whole, appeals to the prurient interest;
ii. whether the work depicts or describes, in a patently offensive way, sexual
conduct specifically defined by the applicable state law; and
iii. whether the work, taken as a whole, lacks serious literary, artistic, political, or
scientific value.
corrupt person, who are likely, having regard to all relevant circumstances, to read, see or hear the matter
contained or embodied in it.)
38
[1868] LR 3 QB 360. (Cockburn, CJ stated, “I think the test of obscenity is this, whether the tendency of
the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral
influences, and into whose hands a publication of this sort may fall…it is quite certain that it would suggest
to the minds of the young of either sex, or even to persons of more advanced years, thoughts of a most
impure and libidinous character.”)
39
Director General of Doordarshan and Others v. Anand Patwardhan and Another, JT 2006 (8) SC 255
(“The present provision is so vague that it becomes difficult to apply it. The purposeful omission of the
definition of obscenity has led to attacks of section 292 as being too vague to qualify as a penal provision.
It is quite unclear what the provisions mean. This unacceptably large ‘grey area,’ common in laws
restricting sexual material, would appear to result not from a lack of capacity or effort on the part of
drafters or legislators. The Indian Penal Code on obscenity grew out of the English law, which made the
court the guardian of public morals. It is important that where bodies exercise discretion which may
interfere in the enjoyment of constitutional rights, that discretion must be subject to adequate law. The
effect of provisions granting broad discretionary regulatory powers is unforeseeable and they are open to
arbitrary abuse.”)
40
Supra note 38.
41
Supra note 39.

32. 19
3.1.2 Sedition and Censorship
Sedition and similar offences are offences that are committed against the State and which
risk disrupting its continued existence. These provisions have been brought into force to
maintain law and order within the society and to ensure the State’s security. Public order
may be disrupted through books, films, political speeches or articles by journalist. In
order to counter this perceived threat State imposes criminal sanctions and different
forms of censorship.
The Indian Penal Code provides with charging sections to deal with threats to the security
of the State. One of the most important sections in this regards is Section 124A,42
which
provides that:
“Whoever by words, either spoken or written, or by signs, or by visible representation, or
otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to
excite disaffection towards the government established by law in India, shall be punished
with imprisonment for life, to which fine may be added, or with imprisonment which may
extend to three years, to which fine may be added, or with fine.”
Additionally, section 153A43
deals with the promotion of enmity between different
groups within society, section 153B44
focuses on assertions prejudicial to national
integration, and section 295A45
makes it an offence to deliberately outrage religious
groups. Furthermore, section 9546
of the Code of Criminal Procedure enables the state to
forfeit any document or publication which is likely to be punishable under any of the
aforementioned sections.
42
Section 124A, THE INDIAN PENAL CODE, 1860.
43
Section 153A, THE INDIAN PENAL CODE, 1860. (Promoting enmity between different groups on grounds
of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of
harmony
44
Section 153B, THE INDIAN PENAL CODE, 1860. (Imputations, assertions prejudicial to national
integration.)
45
Section 295A, THE INDIAN PENAL CODE, 1860. (Deliberate and malicious acts, intended to outrage
religious feelings of any class by insulting its religion or religious beliefs.)
46
Section 95, THE CODE OF CRIMINAL PROCEDURE, 1973. (Power to declare certain publications
forfeited and to issue search-warrants for the same.)

33. 20
Though sedition laws are necessary to protect the law and order situation in a State and to
ensure that rights of citizens are secured, they also limit the fundamental rights and
benefits that every citizen must enjoy.47
3.1.3 Contempt of Court
Journalists who criticize the functioning and judgments of the courts may be charge
under the Contempt of Court act. The contempt doctrine has been borrowed from the
British Monarchical legal system, which sought to maintain public order by deterring
criticism of the judiciary. This law is based on the premise that criticism of the legal
system may shake the public’s faith in the court’s ability to administer justice.
In India there was no statutory law of contempt till 1926 and the Indian courts followed
the English Common Law. However, in 1926 the government enacted the Contempt of
Courts Act XII of 1926, wherein the High Courts were given a power to punish for
contempt of courts “subordinate” to them. This was repealed and substituted by the
Contempt of Courts Act XXXII of 1952, which has been replaced by the Contempt of
Courts Act, No. 20 of 1971.
The Indian legislation has classified contempt into following two categories:
i. Civil contempt: Defined in Section 2(b) of the Contempt of Courts Act, 1971,
civil contempt means the willful disobedience to any judgment, decree,
direction, order, writ or other process of a court or willful breach of an
undertaking given to a court. 48
ii. Criminal contempt: Defined in Section 2(c) of the Contempt of Courts Act,
1971, it means the publication of any content through words, signs or visual
representation which is likely to scandalize, create a prejudice so as to interfere
47
Supra note 34, (Chief Justice Sinha opined “… it is pertinent to observe that the security of the State,
which depends upon the maintenance of law and order, is the very basic consideration upon which
legislation with a view to punishing offences against the State is undertaken. Such legislation has, on the
one hand, fully to protect and guarantee the freedom of speech and expression, which is the sine qua non of
a democratic form of government that our Constitution has established.”)
48
Section 2(b), CONTEMPT OF COURTS ACT, 1971. (“Civil contempt” means willful disobedience to any
judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given
to a court.

34. 21
with the course of judicial proceedings or obstructs the administration of justice
in any manner.49
Apart from these two categories of contempt, the Constitution of India grants inherent
powers to the Supreme Court and the High Court under Article 12950
and Article 21551
of
the Constitution of India to punish anyone for its contempt.
Though stringent, this act excludes distribution of innocent publication of any matter by
words, spoken or written, or by signs or visible representations, which may interfere, or
tend to interfere with the administration of justice,52
fair and accurate reporting of judicial
proceedings,53
fair criticism of a judicial act or any proceeding,54
any complaint made in
good faith against the presiding officers of subordinate courts 55
and publishing the text or
a fair and accurate summary of the whole, or any part, of an order made by a court sitting
in chambers or in camera, unless the court has expressly prohibited the publication
thereof on grounds of public policy.56
49
Section 2(c), CONTEMPT OF COURTS ACT, 1971. (“Criminal contempt” means the publication (whether
by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the
doing of any other act whatsoever which:
i. Scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court, or
ii. Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or
iii. Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice
in any other manner.
50
Art 129, THE CONSTITUTION OF INDIA, 1950. (Supreme Court to be a court of record The Supreme
Court shall be a court of record and shall have all the powers of such a court including the power to punish
for contempt of itself.)
51
Art 215, THE CONSTITUTION OF INDIA, 1950. (High Courts to be courts of record Every High Court
shall be a court of record and shall have all the powers of such a court including the power to punish for
contempt of itself.)
52
Section 3, CONTEMPT OF COURTS ACT, 1971. (Innocent publication and distribution of matter not
contempt.)
53
Section 4, CONTEMPT OF COURTS ACT, 1971. (Fair and accurate report of judicial proceeding not
contempt.)
54
Section 5, CONTEMPT OF COURTS ACT, 1971. (Fair criticism of judicial act not contempt.)
55
Section 6, CONTEMPT OF COURTS ACT, 1971. (A person shall not be guilty of contempt of court in
respect of any statement made by him in good faith concerning the presiding officer of any subordinate
court .)
56
Section 7, CONTEMPT OF COURTS ACT, 1971. (Publication of information relating to proceedings in
chambers or in camera not contempt except in certain cases.)

35. 22
An amendment was made to the Contempt of Court Act in 2006, whereby Section 13
(b)57
was introduced which allows truth to be claimed as a defense to contempt
proceedings. Furthermore, Section 13(a) states that a sentence shall be imposed only if
the court is satisfied that the said contempt interfered or tended to interfere with the
course of justice.58
Though less severe, the punishment for contempt is more symbolic than harsh and the act
provides for imprisonment up to six months and/ or a fine of INR 2,000.59
3.1.4 Defamation
Defamation is the publication of words or speaking anything which may have the effect
of lowering the image of a person in the eyes of others or to expose him or her to hatred,
contempt or ridicule. The aim of this law is to protect the reputation of individuals or
groups as opposed to public entities. In India defamation exists as a civil action as well as
a criminal offence.
In the case of R. Rajagopal and Another v. State of Tamil Nadu and Others,60
the apex
court laid down six principles that are applicable to a civil claim of defamation. These
principles strive to strike a balance between the right to freedom of expression enshrined
in Article 19(1) (a)61
of the Constitution and an individual’s right to protection from
defamatory statements and the right to privacy. Though right to privacy has not been
specifically enunciated anywhere in the Indian Constitution , the courts in India have time
and again agreed that it falls within the ambit of Article 21.62
The Supreme Court in the
57
Section 13 (b), CONTEMPT OF COURTS ACT, 1971. (the court may permit, in any proceeding for
contempt of court, justification by truth as a valid defense if it is satisfied that it is in public interest and the
request for invoking the said defense is bona fide.)
58
Section 13 (a), CONTEMPT OF COURTS ACT, 1971. (no court shall impose a sentence under this Act for a
contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or
tends substantially to interfere with the due course of justice.)
59
Section 12, CONTEMPT OF COURTS ACT, 1971. (Punishment for contempt of court.)
60
JT 1994 (6) SC 514. (The Supreme Court felt that a proper balancing of the freedom of press as well as
the rights of privacy and defamation had to be done in terms of the democratic way of life laid by our
Constitution. The Supreme Court concluded that the State or its officials have no authority in law to impose
a prior restraint upon publication of material defamatory of the State or of the officials.)
61
Supra note 35.
62
Art 21, THE CONSTITUTION OF INDIA, 1950. (No person shall be deprived of his life or personal liberty
except according to procedure established by law.)

36. 23
case of Rajagopal63
explicitly stated that, though information regarding the private life of
an individual cannot be published, this rule is not as stringent when it comes to lives of
public officials. This protection allows a journalist to research and publish information
which turns out to be false only if it has been pursued with bona fide intentions.
Section 49964
of the Indian Penal Code constitutes defamation as a criminal offence. This
section defined criminal defamation and also provides exceptions. One of the most
important things to be apprised of when looking at defamation as a criminal law is that
truth is not a valid defense. The only defense available is that in addition to being true the
statement or publication was made in the interest of public at large.
Another key difference between defamation as a criminal offence and as a civil offence is
that the former is punishable under Section 50065
of the Indian Penal Code, while there is
no punishment for civil defamation. However, damages arising from civil defamation are
likely to be higher than criminal defamation.
3.1.5 Disclosure of sources
Confidential sources are an important part of a journalist’s life. It is through these sources
that journalists gather a significant amount of detailed and accurate information and bring
that information into the public domain. In fact had it not been for these sources, a fair
part of such information may never see the light of day. More often than not this crucial
piece of information leads to a more effective media which is in a position to demand
greater accountability from government as well as private conglomerates.
Though, these sources form a crucial part of the Indian media fraternity, thus far there is
no legal or equitable protection available to them in India. Consequently, this lack of
63
Supra note 60.
64
Section 499, INDIAN PENAL CODE, 1860. (Whoever, by words either spoken or intended to be read, or
by signs or by visible representations, makes or publishes any imputation concerning any person intending
to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such
person, is said, except in the cases hereinafter expected, to defame that person.)
65
Section 500, INDIAN PENAL CODE, 1860. (Whoever defames another shall be punished with simple
imprisonment for a term which may extend to two years, or with fine, or with both.)

37. 24
protection impedes the media’s ability to inform the public of the misuse of power
thereby weakening the democratic process.
At present, neither is there a statute which explicitly protects the right of journalists to
refuse disclosure of confidential sources nor is there any provision that grants the courts
the power to require disclosure of such sources. Nonetheless, there are parts of
enactments which can be used as aides when seeking protection. Most significant of these
enactments is section 15 of the Press Council Act, 197866
, section 14 of the now repealed
Prevention of Terrorism Act, 2002 and various parts of the Evidence Act, 1972.
3.1.6 Parliamentary Privilege
Parliamentary privilege is a legal immunity bestowed upon Members of the Parliament
and state legislatures. As a result of these powers and protections, legislators are granted
protection against civil or criminal liability for any action or statement made in the
furtherance of their legislative duties. The Indian Constitution grants this protection by
virtue of Article 10567
(for the national Parliament) and Article 19468
(for state
legislatures). These laws were introduced with an aim to further democracy by protecting
legislatures from outside influence. However, in the modern day scenario these privileges
serve to endanger democracy rather than promote it, because it protects the legislature
from much needed public oversight.
66
Section 15 (2), PRESS COUNCIL ACT, 1978. (Nothing in subsection (1) shall be deemed to compel any
newspaper, news agency, editor or journalist to disclose the source of any news or information published
by that newspaper or received or reported by that news agency, editor or journalists.)
67
Art 105, THE CONSTITUTION OF INDIA, 1950 (Powers, privileges, etc of the Houses of Parliament and of
the members and committees thereof.)
68
Art 194, THE CONSTITUTION OF INDIA, 1950 (Powers, privileges, etc of the Houses of Legislatures and
of the members and committees thereof.)

38. 25
3.2 Introduction
It was 1999, and an inebriated 28 year old man walked into an ice cream parlor in
Lucknow at 11:30 pm. Since the shop had closed an hour back, Raghuraj Maurya, the
attendant refused to serve the customer. Little did he know that he would be killed for
doing his job. Unfortunately, Rakesh Kumar Mishra, son of a deputy SP of Uttar Pradesh
pulled out his 38 bore, which belonged to his father and killed the attendant.69
Even though the facts of this case are eerily similar to the Jessica Lal murder case,70
both
these cases had diametrically opposite outcomes. The culprits who murdered in Lucknow
are still absconding. However one thing that separates both these incidents is the amount
of media attention these two cases got.
3.3 Cases that Witnessed Media’s Involvement
Over the past twenty four years, media has played an active role in ensuring dispensation
of justice in a plethora of cases. Most importantly, intervention by media has been
imperative to initiate criminal proceedings against rich, powerful and influential people.
It has been observed in a plethora of cases that prior to media coverage; investigating
agencies have refused to take any action against the accused. In order to analyze the role
played by media in dispensation of justice, ten widely reported cases have been identified
and discussed. Furthermore, an attempt has been made to identify the impact of intense
reportage on the eventual outcome of the case. These cases were selected in a random
method with a view that in the past two decades they received significant media attention.
Thereafter, newspaper reporting at the time of the incident and at every important
milestone of the incident was followed. Archives of The Times of India, The Hindustan
Times, and The Hindu were accessed and coverage given by the media to each of these
incidents was looked into in order to determine the media coverage received by these
cases. These three national dailies were selected because they are three most widely read
English dailies based on the results of the India Readership Survey conducted by the
69
Sutapa Mukerjee, Ice-Candy Murder, OUTLOOK, 1999, available at
http://www.outlookindia.com/article.aspx?207506 (Last visited Mar 9, 2014).
70
State v. Sidhartha Vashisht And Ors, AIR2010SC2352.

39. 26
Media Research Users Council. In addition to this archives of Indian Express were
referred for incidents that occurred prior to 1997. In addition to this coverage by news
channels of these incidents was also referred to understand the scope of media coverage.
The following section provides a detailed analysis of the cases and its impact on
dispensation of justice:
I. Shakti Mills Gang-Rape Case:
A photojournalist was gang raped by five men in Mumbai’s Shakti Mills while
she was on an assignment. The incident grabbed headlines at the time of its
occurrence,71
and it continued to be in news over the next one month.72
In the
month of October the incident was reported once a week and by November it had
become sporadic. Media interest piqued again between March 21, 201473
and
April 4, 201474
as this was the time during which the accused were sentenced.
In this case not only did the timely media intervention expedite the criminal
proceedings but it also encouraged an 18 year old telephone operator to report that
she was also raped at the same place in July, 2013.75
This ensured that the repeat
offenders were awarded the maximum sentence under the amended law of 2013.
71
Photojournalist Gang Raped In Old Mahalaxmi Mill In Mumbai, Cops Release Sketches Of 5 Suspects
(Aug 23, 2013), THE TIMES OF INDIA, available at
http://timesofindia.indiatimes.com/city/mumbai/Photographer-gang-raped-in-old-Mahalaxmi-mill-in-
Mumbai-cops-release-sketches-of-5-suspects/articleshow/21987687.cms? (Last accessed on April 25,
2014).
72
Rashmi Rajput, Police File Charge sheet In Shakti Mills Gang Rape Case (Sep 20, 2013), THE HINDU,
available at http://www.thehindu.com/todays-paper/tp-national/police-file-charge-sheet-in-shakti-mills-
gang-rape-case/article5148171.ece (Last accessed on Apr 25, 2014).
73
Rashmi Rajput, Five Convicted in Rashmi Mills Gang-Rape Case (March 21, 2014), THE HINDU,
available at http://www.thehindu.com/todays-paper/five-convicted-in-shakti-mills-gangrape-
cases/article5812714.ece (Last accessed on Apr 25, 2014).
74
Puja Changoiwala, Shakti Mills Gang-Rape: 3 Get Death, Another Gets Life (Apr 4, 2014), HINDUSTAN
TIMES, available at http://www.hindustantimes.com/india-news/mumbai-shakti-mills-gang-rape-case-3-
repeat-offenders-get-death-life-term-for-1/article1-1204174.aspx (Last accessed on Apr 25, 2014).
75
I Too Was Raped by Mill Assailants: Mumbai Teen (Sep 3, 2013), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/mumbai/i-too-was-raped-by-mill-assailants-mumbai-
teen/article1-1116694.aspx (Last accessed on Apr 25, 2014).

40. 27
Name of the Case Shakti Mills Gang-Rape Case
Year 2013
Offence Gang-rape. Two of the five accused were charged under the amended
Section 376 D of IPC. While three of the accused namely Vijay Jadhav,
Qasim Sheikh alias Bengali and Salim Ansari were charged under Section
376 E.
Facts August 22, 2013: A photojournalist was gang raped by five men at
Mumbai’s Shakti Mills compound while she was on an assignment.
The Mumbai police arrested a 17 year old accused on August 23, 2013.
The remaining offenders were arrested within a week.
September 3, 2013: An 18 year old telephone operator complained that she
was also gang raped at Shakti Mills by 5 men (including three accused in
the previous case) on July 13th, 2013.
The Mumbai police filed a charge sheet in the photojournalist’s case and
the telephone operator’s case on September 19, 2013 and October 8, 2013,
respectively.
Since the photojournalist had approached the police within hours of the
occurrence of the incident, strong medical evidence could be recorded.76
In the second case, owing to the delay in reporting the assault, the
prosecution relied on the victim’s testimony along with circumstantial
evidence.77
March 21, 2014: The court awarded life sentence to the four convicts in the
gang rape of a telephone operator at the Shakti Mills compound last year.
Mach 24, 2014: Court allows framing of additional charge under section
376 E for the three accused involved in both the cases.
April 4, 2014: Sessions court awarded life imprisonment to one offender
while the three habitual offenders were awarded a death penalty.
Media Coverage The media widely reported the rape of the photojournalist.
Stage of Media
Intervention
As soon as the incident occurred.
Time Taken for
the Final Decision
The Sessions court took 7 months to decide the matter.
Remarks Along with expediting the criminal justice system, the intense media
coverage also encouraged the telephone operator to file rape charges
against the three habitual offenders. Thus, media played a positive role.
76
Sukanya Shanta, 5 Convicted of Shakti Mills Gang rapes, THE INDIAN EXPRESS (March 21, 2014),
available at http://indianexpress.com/article/india/crime/mumbai-court-convicts-five-in-shakti-mills-
gangrape-cases/(Last accessed on April 18, 2014).
77
Ibid.

41. 28
II. State v. Ram Singh and another (Nirbhaya or Delhi Gang Rape Case):78
On Dec 16, 2012 five men and a juvenile had gang-raped a student in a moving
bus after which they brutally assaulted her as a consequence of which she
succumbed to her injuries. The incident reeked of depravity and shook the
conscience of the entire society. Indian media reported this instant immediate
provided extensive coverage on a day to day basis to the case.79
Throughout the
month of December, the incident continued to be reported daily and ever since
then the media frenzy in this case has not died down and it has been reported
regularly.80
The media has continued to publish adequate follow ups to the case.
The Nirbhaya case witnessed extreme reactions from the masses as well and there
were marches organized by the citizens in various parts of Delhi including India
Gate, Jantar Mantar, Ramlila Maidan, Vijay Chowk and Rashtrapati Bhawan. The
role of media in this case was important as it was instrumental in conveying the
graveness of the issue; in generating a public opinion and most importantly
thorough adequate follow ups it ensured that the mass awakening does not die a
natural death. Furthermore, public outcry ensured that the cases were disposed in
a timely manner.81
78
MANU/DE/0649/2014.
79
Girl Gang-Raped in Moving Bus in Delhi (Dec 17, 2012), TIMES OF INDIA, available at
http://timesofindia.indiatimes.com/city/delhi/Girl-gang-raped-in-moving-bus-in-
Delhi/articleshow/17646614.cms? (Last accessed on Apr 25, 2014).
80
Nirbhaya Case Witness Harassed By Defence (May 8, 2013), TIMES OF INDIA, available at
http://articles.timesofindia.indiatimes.com/2013-05-08/delhi/39115799_1_witness-v-k-anand-singapore-
hospital (Last accessed on Apr 25, 2014).
81
Delhi Gang-Rape Case: All Four Convicts Awarded Death Sentence (Sep 13, 2013), TIMES OF INDIA,
available at http://timesofindia.indiatimes.com/india/Delhi-gang-rape-case-All-four-convicts-awarded-
death-sentence/articleshow/22546130.cms (Last accessed on Apr 26, 2014).

42. 29
Name of the Case State v. Ram Singh and another (Nirbhaya or Delhi Gang Rape Case).
Year 2012
Offence Rape, murder, . The accused were charged under the following sections:
120B IPC & U/s 365 / 366 / 376(2)(g) / 377/307 / 302 and / or 396 /395
IPC read with section 397 / 201 / 412 read with section 120B IPC.
Facts December 16, 2012, Ram Singh, Vinay, Akshay, Pawan, Mukesh and a
juvenile had gang-raped a paramedic student in a bus after luring her and
her 28-year-old male friend, who was also assaulted, on board the vehicle,
which was later found to be plying illegally on Delhi roads.
December 17, 2012: Police identified the four accused.
January 2, 2013: Chief Justice of India Altamas Kabir set up a fast track
court for the trial. The proceedings started on January 17, 2013.
September 13, 2013: The accused were awarded a death sentence by the
trial court.
September 24, 2013: Delhi High Court commenced hearing the death
sentence reference on a day to day basis.
March 13, 2014: High Court upheld the death penalty awarded.
March 15, 2014: the Supreme Court stayed the execution of two accused.
Media Coverage The incident was widely reported in various forms of media on December
17, 2012. This gruesome incident shook the collective conscience of the
public at large.
Furthermore, the Delhi allowed the media to report the proceeding of the
Fast Track Court.
Stage of Media
Intervention
The media reported the incident as soon as it happened. (17 December,
2012).82
Time Taken for
the Final Decision
From the date of the occurrence of the incident the trial court took
approximately 9 months to sentence the guilty, while the High Court
affirmed the same in 15 months.
Remarks The incident was widely reported and it shook the collective conscience of
the public at large. This intense response was possible due to the wide
reportage of the incident.
Therefore media played a positive role right from the beginning.
82
Ibid. (“In an epoch when sexual assaults and ravishments are the order of day, when young men (and
even old ones) revel in public declaration of their promiscuous pursuits, when not only the streets but
schools, colleges and work-places are approached by the vulnerable with trepidation and even the judge has
to be sensitized to gender issues, the rape of a young girl hardly out of her teens, would have gone
unnoticed as scores of other violations of infants, girls and women, but for fact that a public outraged at the
manner in which the entrails of the ravished were culled out of her body, leaving her to die, stripped of all
human dignity, completely unattired, in the darkness of a wintry night, on a thoroughfare, took to the streets
in their quest for justice. This had the trigger effect of impelling the investigative agencies into using such
tools of investigation as had lain in their tool-kit hitherto before practically unused, to nail the culprits.”).

43. 30
III. R.K .Anand v Registrar, Delhi High Court83
:
On May 30, 2007 NDTV broadcast a sting operation that showed Sanjeev
Nanda’s lawyer, the prime accused in the BMW hit and run case trying to bribe
the eye witness to the incident.84
Consequently, the Delhi High Court took suo
moto cognizance of the incident and ordered an inquiry into the incident.85
Once
the High Court had ordered a probe into it, the incident did not appear in the
headlines nor did it receive massive media attention, apart from regular updates
on the court proceedings.86,87
However media did report the verdict of the High
Court88
as well as the Supreme Court.89
This case was welcomed by the media
and specifically sting journalists as the court held that a media outlet does not
need to take prior permission from the court before undertaking a sting operation
as long as it is done to further public interest. Furthermore, the tapes were
accepted as evidence by the court while adjudicating upon the matter.
83
(2009)8SCC106.
84
NDTV Exposé on BMW Case (May 30, 2007), NDTV, available at
http://www.ndtv.com/video/player/news/ndtv-expos-on-bmw-case/14081?curl=1398500743 (Last accessed
on Apr 25, 2014).
85
Court Orders Probe into BMW Case Sting Operation (Jun 1, 2007), THE HINDU, available at
http://www.hindu.com/2007/06/01/stories/2007060112820100.htm (Last accessed on Apr 25, 2014).
86
Original CDS Of BMW Sting Operation Played In Court (Sep 29, 2007), HINDUSTAN TIMES, available
at http://www.hindustantimes.com/india-news/newdelhi/original-cd-s-of-bmw-sting-operation-played-in-
court/article1-250156.aspx (Last accessed on Apr 25, 2014).
87
BMW Sting: Court Seeks Unedited Tapes (Oct 14, 2008), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/newdelhi/original-cd-s-of-bmw-sting-operation-played-in-
court/article1-250156.aspx (Last accessed on Apr 25, 2014).
88
NDTV Exposé on BMW Case (Aug 21, 2008), NDTV, available at
http://www.ndtv.com/video/player/news/ndtv-s-expose-on-bmw-case/36520 (Last accessed on Apr 25,
2014).
89
SC Pronounces R K Anand Guilty in BMW Exposé Case (Jul 29, 2009), NDTV, available at
http://www.ndtv.com/article/india/sc-pronounces-r-k-anand-guilty-in-bmw-expos-case-6441 (Last accessed
on Apr 25, 2014).

44. 31
Name of the Case R.K .Anand v Registrar, Delhi High Court
Year 2007
Offence Criminal Misconduct.
Facts June 30, 2007: NDTV conducted a sting operation that showed R.K. Anand
and IU Khan offering bribe to influence a key witness in the case of
Media Coverage In this case the Delhi High Court had taken suo moto cognizance of an
expose showing alleged collusion between prosecution and defense lawyers
in the BMW case. Even though the court had not received a formal
complaint.
Stage of Media
Intervention
A case of investigative journalism, wherein the media intervened and
prevented miscarriage of justice.
Time Taken for
the Final Decision
May 30, 2007: NDTV telecast the sting operation.
May 31, 2007: Delhi High Court suo motu cognizance of the case.
Aug 2008: High Court found both the lawyers guilty.
Jul 29, 2009: Conviction of IU Khan set aside for lack of evidence while
the punishment of R.K.Anand upheld.
Remarks This is an important case in the History of Indian media because the Apex
Court held that it was not necessary for a media outlet to receive
permission from a court to undertake sting operation. The court also
remarked that this sting operation was more likely to assist the functioning
of trial.

45. 32
IV. Surendra Koli v. State of UP (Nithari Killings):90
Several children had gone missing over 2 years from Sector 31, Nithari Village,
Gautam Budh Nagar, since 2005. However, the incident came to light only after
skeletal remains of eight children were discovered from the drain of a house in
Nithari, Noida. Once these bodies were found the media intervened and the issue
was highlighted in all forms of media, print as well as broadcast media. Nithari
killing formed a part of the headlines regularly till March 22, 2007. 91
During
April- September 2007 (the time charges were framed against Pandher) the issue
was reported on a fortnightly basis.92
Thereafter, the reports reduced to once a
month and this continued till December 2007.93
From 2007, media has covered
only important milestones in the case such as the date of trial court’s verdict,94
Supreme Court’s ruling95
in the case and like.
90
AIR2011SC970.
91
3 Chargesheeted in Nithari Killings (Mar 22, 2007), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/newdelhi/3-chargesheeted-in-nithari-killings/article1-
211235.aspx (Last accessed on Apr 25, 2014).
92
Charges Framed Against Pandher (Sep 19, 2007), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/charges-framed-against-pandher/article1-248706.aspx (Last
accessed on Apr 25, 2014).
93
Pandher Guilty Of Rape And Murder In Two More (Dec 14, 2007), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/pandher-guilty-of-rape-and-murder-in-two-more-
cases/article1-263012.aspx (Last accessed on Apr 25, 2014).
94
Koli Sentenced to Death (May 12, 2010), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/koli-sentenced-to-death/article1-542807.aspx (Last accessed
on Apr 25, 2014).
95
Nithari Killings: Supreme Court Upholds Surinder Koli's Death Sentence (Feb 15, 2011), NDTV,
available at http://www.ndtv.com/article/india/nithari-killings-supreme-court-upholds-surinder-koli-s-
death-sentence-85581 (Last accessed on Apr 25, 2014).

46. 33
Name of the Case Surendra Koli v. State of UP (Nithari Killings)
Year 2005
Offence The accused was charged under section 302/364/376 IPC.
Facts Several children had gone missing over 2 years from Sector 31, Nithari
Village, Gautam Budh Nagar, since 2005. Several of such children were
alleged to have been killed by the Appellant who is also alleged to have
chopped and eaten the body parts after cooking them. Appellant Surendra
Koli was the servant of accused No. 1 Moninder Singh, and they lived
together at D-5, Sector 31, Noida.
Dec 29, 2006: Nithari killings came to light with the discovery of eight
skeletal remains of children from the drain of a house in Nithari, Noida.
Two suspects- owner of the house Moninder Singh Pandher and his
domestic help Surinder Koli arrested.
Over the next 24 hours more skeletons tumbled out of the drainage. Two
constables were suspended as intense pressure from the media and public
builds up. Furthermore, CBI took over the investigations of the case on
Jan 10, 2007.
Mar 22, 2006: CBI files first charge sheet in the case in the Ghaziabad
court. Slaps lesser charges on Moninder Singh Pandher. Surinder Koli,
charged of committing all the murders besides rape and kidnap.
Feb 13, 2009: Koli was convicted and sentenced to death by a special CBI
court on for the rape and murder of 14-year-old Rimpa Haldar, one of the
several alleged victims of the alleged grisly killings in Nithari.
September 11, 2009: In Appeal/Reference to the High Court accused
Surendra Koli's death sentence was affirmed while the accused Maninder
Singh Pandher was acquitted.
Feb 15, 2011: The Supreme Court affirmed the death sentence of
Surendra Koli.
Media Coverage The incident of missing children was brought to light by the media in Dec
2006 when human remains were found in the backyard of a palatial
bungalow. It was only due to the intense media coverage that the police
registered an FIR and enquired into the matter.
Even though, 38 people (including children and adults) had disappeared
from the area since 2005 the police refuse to lodge an FIR. Only one FIR
had been lodged during these two years.96
Intense media pressure and public outrage in December 2006 set the
wheels of dispensation of justice in motion.
96
Pushkar Raj, Nithari: The story of the Poor Who Lost Their Children, PUCL (February 2007), available
at http://www.pucl.org/Topics/Child/2007/nithari.html (Last visited Apr 19, 2014).

47. 34
Stage of Media
Intervention
The media intervened in December 2006, when human remains were
discovered in the backyard.
Time Taken for the
Final Decision
Since the investigation by CBI, Supreme Court took 5 years to decide the
matter.
Remarks Through this case it is apparent that a responsible media is crucial to
ensure that the marginalized can access the criminal justice system. Thus,
media played a positive role.

48. 35
V. Sajal Sureshkumar Jain v. State of Gujarat97
(Bijal Joshi Rape Case):
On Dec 31, 2003, five men gang raped Bijal Joshi in Ahmadabad. Unable to
withstand the trauma the victim committed suicide on Jan 7, 2004. The media’s
coverage of the incident increased since the girl took her own life.98
Since then the
media reported this incident on a weekly basis. The regular reporting of the
incident gathered public support99
and also prevented the accused from misusing
the legal machinery. Subsequently, the national commission for women began an
independent probe into the incident,100
and thereafter the NCW team pointed out
that there were lapses in the investigation.101
The media’s role was significant at
this stage because it prevented the accused from misusing the legal machinery.102
Thereafter, the media reported every update of the case,103
even though it ceased
to grab the headlines.104,105
97
2010CriLJ213.
98
Gangrape Victim Commits Suicide (Jan 8, 2004), TIMES OF INDIA, available at
http://timesofindia.indiatimes.com/city/ahmedabad/Gangrape-victim-commits-
suicide/articleshow/410950.cms? (Last accessed on Apr 25, 2014).
99
Sajal Gets A Taste of Mob Fury (Jan 17, 2004), TIMES OF INDIA, available at
http://timesofindia.indiatimes.com//city/ahmedabad/Sajal-gets-a-taste-of-mob-fury/articleshow/428415.cms
(Last accessed on Apr 25, 2014).
100
NCW Begins 'Independent' Probe Into Bijal Joshi Case (Jan 17, 2014), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/news-feed/nm2/ncw-begins-independent-probe-into-bijal-joshi-
case/article1-12444.aspx (Last accessed on Apr 25, 2014)
101
New Points at Lapses in Probe Between Rape and Suicide (Jan 18, 2004), TIMES OF INDIA, available at
http://timesofindia.indiatimes.com/city/ahmedabad/NCW-points-at-lapses-in-probe-between-rape-and-
suicide/articleshow/429939.cms? (Last accessed on Apr 25, 2014).
102
6 Cops Suspended Over Ahmadabad Rape Case (Jan 19, 2004), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/6-cops-suspended-over-ahmedabad-rape-case/article1-
12505.aspx (Last accessed on Apr 14, 2014).
103
Bijal Rape Case: 5 Get Life in Jail (Jun 21, 2008), TIMES OF INDIA, available at
http://timesofindia.indiatimes.com//india/Bijal-rape-case-5-get-life-in-jail/articleshow/3150714.cms (Last
accessed on Apr 25, 2014).
104
Bijal Joshi Rape Case: High Court Upholds Conviction of Accused (Dec 31, 2012), NDTV, available at
http://www.ndtv.com/video/player/news/bijal-joshi-rape-case-high-court-upholds-conviction-of-
accused/260173 (Last accessed on Apr 25, 2014).
105
Bijal Gangrape Case: HC Bins Convicts Plea for More Time to Surrender (Jan 12, 2013), INDIAN
EXPRESS, available at http://archive.indianexpress.com/news/bijal-gangrape-case-hc-bins-convicts-plea-
for-more-time-to-surrender/1058327/ (Last accessed on Apr 25, 2014).

49. 36
Name of the
Case
Sajal Sureshkumar Jain v. State of Gujarat (Bijal Joshi rape case)
Year 2003
Offence Gang-rape. The accused were charged under section 34/120B/323/Section
324/328/342/328/376(2)
Facts On the eve of January 1, 2004 four men along with Sajal Sureshkumar Jain
gang-raped Bijal Joshi. Sajal Jain was the victim’s boyfriend at that time. (The
accused was having an extramarital affair with the victim.)
January 7, 2004: Unable to withstand the humiliation and trauma Bijal
committed suicide at her home by hanging herself.
June 20, 2008: Sessions judge held the five accused guilty and the five
accused were sentenced to life imprisonment. The court acquitted seven
others, including Dr Yogesh Jadav, who was accused of presenting a medical
report contrary to the facts in the case, citing lack of evidence. The five
sentenced to life imprisonment were acquitted from the charge of abetment to
suicide.
December 27, 2012: The Gujarat High Court upheld the Sessions judge.
Media
Coverage
The incident was widely reported by the print as well as the broadcast media.
Since the accused in this case belonged to an influential family, he tried to
influence the investigating agencies. Soon after Bijal Jain committed suicide,
the accused admitted himself to a private hospital in Delhi.106
Stage of Media
Intervention
The media intervened when the accused tried to misuse the legal machinery
through the use of money and influence. It was speculated that the police was
not pursuing this case proactively and were purposefully delaying the arrest.
Time Taken for
the Final
Decision
The Gujarat High court delivered the judgment 8 years after the incident took
place.
Remarks Many a times rich and influential people try to employ underhanded tricks to
abuse the legal machinery. In this case timely media intervention ensured that
the police could not hush up the entire matter. Thus media was seen to play a
positive role.
106
Rape accused and Subversion of Trial, THE HINDU (Jan 17, 2004), available at
http://www.hindu.com/2004/01/17/stories/2004011705420300.htm (Last accessed on April 18, 2014).

50. 37
VI. State v. Vikas Yadav and Vishal Yadav107
(Nitish Katara Murder Case):
Vikas and Vishal Yadav abducted and killed Nitish Katara for his alleged
intimacy with their sister Bharti Yadav. Though, the offence occurred in 2002, it
failed to witness any media attention till May 2006.108
This sudden media
attention was also because this was soon after the acquittal in the Jessica Lal
murder case and at a time when media activism was at an all time high. In
addition to the print media this case was widely reported in the broadcast
media.109
The role of media was instrumental in highlighting the fact that key
prosecution witness Bharti Yadav sought to have her name removed from the
name of witnesses.110
While the media did not report this case on a day to day
basis, the impact that its reporting had was immense. More importantly, it
reported each and every painstaking detail of the case thereby ensuring that the
powerful culprits were brought to book.111,112
107
MANU/DE/0847/2014.
108
Vikas Confesses to Killing Katara (May 28, 2006), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/news-feed/nm11/vikas-confesses-to-killing-katara/article1-102908.aspx
(Last accessed on Apr 25, 2014).
109
Katara Case: Witness’ Security Restored (May 28, 2006), NDTV, available at
http://www.ndtv.com/video/player/news/katara-case-witness-security-restored/3661 (Last accessed on Apr
25, 2014).
110
Bharti’s Testimony Was Crucial (May 28, 2008), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/newdelhi/bharti-s-testimony-was-crucial/article1-313870.aspx
(Last accessed on Apr 25, 2014).
111
Vishal Stayed In Hospitals For 9 Months Since Conviction: Report (Feb 17, 2012), HINDUSTAN TIMES,
available at http://www.hindustantimes.com/india-news/newdelhi/vishal-stayed-in-hospitals-for-9-months-
since-conviction-report/article1-812646.aspx (Last accessed on Apr 25, 2014).
112
Delhi High Court Upholds Conviction of 3 Convicts in Nitish Katara Murder Case (Apr 2, 2014),
HINDUSTAN TIMES, available at http://www.hindustantimes.com/india-news/delhi-hc-upholds-conviction-
of-3-convicts-in-nitish-katara-murder-case/article1-1203268.aspx (Last accessed on Apr 25, 2014).

51. 38
Name of the Case State v. Vikas Yadav and Vishal Yadav (Nitish Katara murder case).
Year 2002
Offence Murder. The accused were charged under Section 364/302/201/34 IPC
Facts February 16, 2002: Vikas and Vishal Yadav allegedly abducted Nitish
Katara from a wedding of his classmate Shivani Gaur in Ghaziabad on the
night of February 16, 2002. They allegedly killed Nitish for his intimacy
with Bharti Yadav.
February 20, 2002: The body of Nitish Katara was discovered in village
Khurja in Bulandshahar.
March 11, 2002: The Tata Safari used in the murder was recovered from G
T Road, Karnal.
April 23, 2002: Both the accused Vikas and Vishal Yadav were arrested
from Madhya Pradesh.
November 23, 2002: Charges were framed against the three accused. A
separate trial was started against a third accused in the case, Sukhdev
Pehlwan, who was arrested in 2005.
May 30, 2008: The trial court found Vishal Yadav and Vikas Yadav guilty
and awarded them a rigorous life imprisonment.
July 12, 2012: The third accused Sukhdev Pehalwan was also awarded a
life term.
April 2, 2014: The Delhi High Court upheld the life sentence of all the
three accused in this case. It also held that this was a case of honor killing.
Media Coverage Media attention was focused on the reluctance of Bharti Yadav to testify in
the Court, who had left for London soon after the incident. 39 appeals were
filed by the defense counsel to have her name removed from the list of
witnesses. A year after the incident, the Uttar Pradesh’s prosecution
counsel also moved an application to have her name struck off. At this
point it was speculated by the media that the prosecution may have been
influenced by the father of the accused Mr. D.P Yadav. Based on an appeal
filed by the deceased’s mother, the trial was shifted from Ghaziabad to
Delhi. Ultimately it took four and a half years to get Bharti Yadav to
testify.
The media also brought to light the fact that Vikas and Vishal Yadav were
granted bail 66 times.113
113
Vikas Yadav out of Tihar 66 Times for Treatment, THE INDIAN EXPRESS (July 28, 2010), available at
http://indianexpress.com/article/india/latest-news/vikas-yadav-out-of-tihar-66-times-for-treatment/ (Last
accessed on April 18, 2014).

52. 39
Stage of Media
Intervention
The media intervened in 2006 and highlighted the key witness’s refusal to
testify against her own brothers. Bharti Yadav ultimately testified on
November 25, 2006.114
Time Taken for
the Final Decision
The trial court gave its decision in 6 years. While the High Court delivered
its judgment in 12 years.
Remarks From this case it is apparent that media played a crucial role in obtaining
the testimony of the key witness, which led to favorable outcome at the trial
court. Thus media can play a positive role in all aspects of the justice
delivery system.
114
Timeline: Nitish Katara Murder Case, THE INDIAN EXPRESS, (Apr 2, 2014), available at
http://indianexpress.com/article/india/india-others/timeline-nitish-katara-murder-case/ (Last visited Apr 18,
2014).

53. 40
VII. State v. Sidhartha Vashisht And Ors.115
(Jessica Lal Murder Case):
Jessica Lal, a Delhi based model was shot dead on May 1, 2009 and the incident
was reported on the first page of most of the national dailies.116
The media
covered this incident on a day to day basis till May 10, 1999,117
after which the
reporting reduced to once a week118
after which the media frenzy reduced to
sporadic coverage of some incident in the case.119
This changed dramatically once
all the accused were acquitted in the Jessica Lal murder case in 2006.120
The
verdict was met with a lot of public angst and spurred the media into action and
was reported on a day to day basis in print as well as broadcast media. 121
Media
disclosed loopholes in the investigation and a tape in which Manu Sharma
confessed to having shot the model was never produced before the Court.
However, it was acquired and aired by NDTV.122
The masses felt let down by the
judiciary and along with media and Sabrina Lal (Jessica Lal’s sister) organized
candle light vigils at India Gate. On 9 Sept 2006, Tehelka carried out a sting
operation which revealed that Vinod Sharma (Manu Sharma’s father) had paid
bribes to the key witnesses in the case.123
115
Supra note 70.
116
Model Jessica Lal Shot Dead in Restaurant (May 1, 1999), INDIAN EXPRESS, available at
http://archive.indianexpress.com/Storyold/94821/ (Last accessed on Apr 25, 2014).
117
Police Trace Manu's Route, Stopovers (May 10, 1999), INDIAN EXPRESS, available at
http://archive.indianexpress.com/Storyold/96564/ (Last accessed on Apr 25, 2014).
118
One More on the Wanted List: Ex-Cricketer Yograj (May 17, 1999), INDIAN EXPRESS, available at
http://archive.indianexpress.com/Storyold/98058/ (Last accessed on Apr 25, 2014).
119
Jessica Murder -- Police Chase Vikas Yadav Once Again (Jul 9. 1999), INDIAN EXPRESS, available at
http://archive.indianexpress.com/Storyold/108395/ (Last accessed on Apr 25, 2014).
120
All Accused Acquitted in Jessica Lal Murder Case (Feb 22, 2006), THE HINDU, available at
http://www.thehindu.com/todays-paper/all-accused-acquitted-in-jessica-lal-murder-case/article3181989.ece
(Last accessed on Apr 25, 2014).
121
Jessica Lal Verdict Raises Questions (Feb 22, 2006), NDTV, available at
http://www.ndtv.com/video/player/news/jessica-lall-verdict-raises-questions/593 (Last accessed on Apr 25,
2014).
122
NDTV Gets CD Of Manu Sharma’s Confession (Oct 2, 2006), NDTV, available at
http://www.ndtv.com/video/player/news/ndtv-gets-cd-of-manu-sharma-s-confession/7871 (Last accessed
on Apr 25, 2014).
123
'Sting' Tapes Of Jessica Murder Case Reaching Next Week: Police (Sep 28, 2006), ONEINDIA, available
at http://news.oneindia.in/2006/09/28/sting-tapes-of-jessica-murder-case-reaching-next-week-police-
1159455899.html (Last accessed on Apr 25, 2014).

54. 41
As a result of media activism and public outcry the Delhi High Court took up the
case,124
and the case was ultimately reopened in March 2006.125
The media
continues to capture every update on the case.126
Name of the Case State v. Sidhartha Vashisht And Ors. (Jessica Lal murder case)
Year 1999
Offence Murder
The accused were charged under Section 302/201/120B of the
Indian Penal Code (IPC) and under Section 27 Arms Act
Facts On 29/04/1999 in a restaurant named Tamarind Court, one man
aged 30-32 years shot Jessica Lal (bartender) for refusing to serve
him drinks.
Jessica Lal was declared dead in the wee hours of 30/04/1999
Media Coverage On Feb 21, 2006 the trial court acquitted all the nine accused citing
lack of incriminating evidence.
The acquittal of the accused led to public outrage which was
initiated by the media.
Stage of Media
Intervention
February 2006. The incident was highlighted in all forms of the
news media, which includes newspapers as well as television.
Furthermore a sting operation was carried out by Tehelka127
which
displayed that one of the witnesses had turned hostile in lieu of
bribe.
Time Taken for
the Final Decision
The High Court heard the appeal on a day to day basis. (October 3,
2006 onwards) and on December 18, 2006 gave its verdict
Supreme Court upheld the conviction on Apr19, 2010.
Remarks Media intervention expedited the procedure and ensured that the
guilty were convicted. Therefore media played a positive role.
124
Delhi High Court Takes Up Jessica Lal Murder Case (Feb 25, 2006), THE HINDU, available at
http://www.thehindu.com/todays-paper/delhi-high-court-takes-up-jessica-lal-murder-
case/article3183425.ece (Last accessed on Apr 25, 2014).
125
Model Jessica Lal Murder Case Reopened (Mar 7, 2006), DNA, available at
http://www.dnaindia.com/india/report-model-jessica-lall-murder-case-reopened-1016673 (Last accessed on
Apr 25, 2014).
126
Jessica Lal Murder Case: Manu Sharma Gets Parole (Dec 18, 2013), NDTV, available at
http://www.ndtv.com/topic/jessica-lal/news (Last accessed on Apr 25, 2014).
127
Nisha Susan, The Investigation We Did. AND The Movie They Made, TEHELKA MAGAZINE, Vol 8,
Issue 3 (January 22, 2011), available at:
http://archive.tehelka.com/story_main48.asp?filename=hub220111THE_INVESTIGATION.asp (Last
accessed on April 19, 2014).

55. 42
VIII. Sushil Ansal v. State through CBI128
(Uphaar Tragedy):
On June 13, 1997 59 people were killed and 103 were injured, when a fire
engulfed the Uphaar cinema during the screening of the film Border. The incident
was reported in all the major dailies.129
Though grave, the incident featured again
in the headlines on June 15, 1997130
and then the media reporting of the incident
was very bleak. However, media coverage of the tragedy heightened in Feb 2006
as the victims of the kin demanded justice and gathered peacefully in large
numbers.131
Delay in the proceeding caught media’s attention owing to which the
incident received widespread coverage during June 2006-November 2006 with at
least three news items reported in a month. Thereafter, the trial court sentenced
the two accused to 2 years of rigorous imprisonment in 2007.132
However, the
Delhi High Court reduced the sentence to 1 year in 2008.133
This appeal to the
High Court was also covered on an elaborate basis by the dailies, and every
update was captured in the month of January and was formed a part of the
headlines.134
This coverage intensified in Jan 2008 and then reduced to almost
once a month during Apr 2008 to Dec 2008. During 2009-11, it was observed that
media continued to capture every update of the incident; also the memorial
service organized by the kins of the deceased was reported every year by the
128
MANU/SC/0190/2014.
129
Delhi Cinema Fire Tragedy Claims 59 (Jun 14, 1997), INDIAN EXPRESS, available at
https://www.dropbox.com/s/yb04fl0u9mt2oeg/Isha%27s%20Thesis.xlsx?n=71201191 (Last accessed on
Apr 25, 2014).
130
Four Arrested for Delhi Fire Tragedy (Jun 15, 1997), INDIAN EXPRESS, available at
http://archive.indianexpress.com/Storyold/3782/ (Last accessed on Apr 25, 2014).
131
Uphaar Victims' Kin Still Await Justice (Jun 13, 2006), NDTV, available at
http://www.ndtv.com/video/player/news/uphaar-victims-kin-still-await-justice/4167 (Last accessed on Apr
25, 2014).
132
Convicted Ansals, 10 Others (Nov 21, 2007), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/convicted-ansals-10-others/article1-258852.aspx (Last
accessed on Apr 25, 2014).
133
Court Grants Relief to Ansals (Dec 19, 2008), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/court-grants-relief-to-ansals/article1-359210.aspx (Last
accessed on Apr 25, 2014).
134
Sushil Ansal Appeals Against Sentence (Dec 10, 2007), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/newdelhi/sushil-ansal-appeals-against-sentence/article1-
262429.aspx (Last accessed on Apr 25, 2014).