1. MEDIA-TRIAL
IN BALI, Police arrested nine Australians accused of drug smuggling with a so-called “Enforcer”, was
believed that the said enforcer is “God-Father” of the smuggling ring. On other side lawyers for two of
nine Australians says their clients are maintaining they were told their families would be harmed if they
didn’t smuggle drugs into Australia. The Australian media highlighted the matter. The Commissioner of
Australian Police confessed that the said case is turning into a trial by media and has warned the media
about the reporting of the case. The media also start the investigation at their own level and the intelligence
coming out on the way the investigation is being conducted. The media trial of that case in Australia
raised issues regarding the investigation, security and protection of the family members of accused and
witnesses. It is obviously a highly sensitive issue and one that we deal it with very seriously.
IN INDIA, Media is as powerful as compare to the developed country’s media and has equal class
of reporting of matters. Here, before some time media started investigation of the cases at their own level
and they reported it in print media and broadcast in electronic media. Firstly Tehelaka.com turned the way
of investigations of matters -2-through media and bursted high level security scam of India in which
ministers and Bureaucrats were involve in the scam. The said case and its investigations was telecast by the
media for public and thereafter government was forced to probe the case through CBI (Central Bureau of
Investigation) by print and electronic media. After getting inspiration, one TV News channel open the
loopholes of the security arrangements around parliament which was recently tightened by the government
after the terrorists group’s attack on parliament. The said TV news camera-person (with hidden cameras)
entered in Parliament without showing valid V.I.P. Pass on the gate to security personnel with a look-a-like
person of Shri Shatrughan Sinha (Former Bollywood actor and M.P.) who then leave the Parliament after
one and a half hour and telecast the same many times on their channel to get influence the public and
viewers about the bad security arrangements of our Parliament. The police registered a case against TV
news persons and the said look-a-like person of Shri Shatrughan Sinha, lateron the TV personnel were
acquitted from the charges by the court and framed the charges against the look-a-like person.

2. T.V. news channels who telecasted the above cases got huge publicity and their TRP ratings increased day
by day. The other T.V. news channels also started sting-operations to get publicity and increased viewers
ratings of and for their News channels.
After sometime one leading TV news channel makeover the face of media when the channel tele-
cast a Porn CD’s clippings on TV between the news in which the said TV news channel made accused Ms.
Anara Gupta (Miss Jammu) who charged with appearing in the Porn CD and was deemed guilty without
trial, the police also made her accused of featuring in the pornographic CD. While custody, Anara Gupta
made confessional statements before the media about glamour industry’s hard facts and confessed working
in Porn Film. During trial the courts prohibits Ms. Anara Gupta to talk with media about the proceedings of
the case and evidences. To confirm and to get the scientific evidence from the case the Jammu police sent
the said porn CD to Chandigarh for forensic researches and analysis, the experts confirmed featuring of her
in Porn Film CD, but another forensic science lab denied the appearance of Anara Gupta in Porn Film CD.
Thereafter, Jammu police requested Hon’ble High Court of Jammu and Kashmir to -4-
quash the FIR. The said incident, creates the life of Anara Gupta become a nightmare. Later she demands
CBI probe into the research of forensic lab of Chandigarh. She also demand a compensation of Rs.1 crore
from government of Jammu and Kashmir and also Anara Gupta filed application through counsel in the
court of Chief Judicial Magistrate, Shri Sanjeev Gupta to allow her to talk with media about the case. In
this case the court warned the media to stop media trial and proceedings of the case. Media crossed all the
boundaries and barriers while dealing with the case.
Reporting by media of the said case opens new era for media to start their own trial and show
anything on their channel and after getting inspiration from the Anara Gupta case, another news channel
telecast clipping of three RJD MLS’s bed-moments captured by hidden cameras. Then, all the three MLS
filed sue of defamation against the said TV news channel. The said TV news channel again unearth the
porn film CD racket working in a renowned temple of India. The telecast of the clipping creates penic in

3. public. The said TV news channel again telecast a hard fact of casting-coutch of Bollywood film industry
and TV serials industry when they made Shakti Kapoor and Aman -5-
Verma an accused of sexual harassment of a unknown girl who wants to start her career in acting. Media
again crossed all the boundaries when they sent massages to peoples on their mobile phones saying “Your
date with Ruchi-India TV’s most wanted undercover reporter-It at 8:00 P.M. Tonight”. The said massage
was also received by another on 2nd April, 2005. Actually, media didn’t want to rule out the limitation and
boundaries of administration, justice in a civilised country and they sometimes make fun of democracy and
leniency of our law.
In DDA land scam case, media again crossed their boundaries and had started their own trial and
reportedly made other offenses against the accused persons. The Hon’ble Court finds that media trial
interrupted investigations of the matter and then warned the media to stop one sided trial when the matter
sub-judice.
In a recent case Supreme Court of India cautious media on one sided reporting of
criminal trials and stated “the terming trial by media as a `distributing factor’ in the administration of
justice”. The observations came from a bench of Hon’ble Justice N. Santosh Hegde and S.B. Sinha -6-
while dealing with a case of alleged dowry death in Kolkata. The Apex Court was jurious over an article
titled “Doomed by Dowry” based on the interview of the family of deceased in a Bangla Magazine when
the application for the grant of anticipatory bail was disposed by the Kolkata High Court. Citing the one-
sided version of the case in the article, the bench said “The fats warrant therein are all material they may be
used in the forthcoming trial in this case and we have no hesitation that this type of article appearing in the
media would certainly interfere with the administration of Justice. The Bench said “others concerned in
Journalism would take note of this displeasure expressed by us for interfering with the administration of
justice”.

4. In the murder case of Shankar Guha Niyogi, the accused were found guilty by trial court
and sentence to imprisonment for life except one who was awarded death sentence. High Court reversed the
trial court judgment and acquitted the accused. A report was published in newspaper ‘Hitavada’ on 4th
July, 1998 under the caption “Sail terms High Court decision in Niyogi murder case as rubbish’. The news
report termed the decision as rubbish and commented that a judge who -7-
was on verge of retirement should not have been entrusted with the responsibility of dealing with such a
crucial case. The news report also quoted Rajendra Sail as saying that he was a key witness in the murder
trial and inspite of engaging a well known advocate as public prosecutor nobody could have made much
difference when the judges were already prejudiced and that one of the judges who decided the matter was
bribed and that the judge possessed properties disproportionate to his income. Supreme Court of India held
that judgments of courts are public documents and can be commented upon, analyzed and criticized, but it
has to be in dignified manner without attributing motives. A free press is one of very important pillar on
which the foundation of rule of law and democracy rests and that freedom must be exercised with utmost
responsibility. Rajendra Sail Vs. Madhya Pradesh High Court Bar Association 2005 (2) LRC 156
(SC).
One leading TV news channel indulge in allegedly showing the rates of Satta-Market
before starting of Cricket matches on television screen, encourage peoples to involve in such illegal
activities. The said facts shows that media didn’t want to become responsible towards administration,
justice and constitution of India.
-8-
Actually, media is mirror of society of a country works for it’s development and better-
ment, it plays significant rate in a society but some times media crosses it’s limits and shows indignity
when it becomes painful for the society and the administration of country too. Sometimes media plays
their role sincerely when they actually works for the best of peoples and bursted, exposed alleged illegal
sale of eye-cornea by the staff of All India Institute of Medical Sciences in Delhi through a sting-operation
and on same day in a similar sting-operation media exposed the alleged role of eye-balls at an eye-bank in

5. Agra, thereafter the angry crowed attacked upon the staff of eye-bank following the telecast of video
clippings of sting-operations.
The above incidents and facts raised some questions regarding the acts of media. These
questions and issues must have to be decided by law and our law experts as according to our constitution
and other laws.
1. Whether the media is entitled to operate sting-operations at any place where cameras are not
allowed ?
-9-
2. Whether the media entitle to fix hidden cameras in a persons room ?
3. Whether media violates the rights of citizen’s mentioned in our Constitution ?
4. Whether the media is entitled to telecast the clippings of any porn video on television during day
or night hour ?
5. Whether the media is permitted to record or capture personal moments of any one ?
6. Whether any confessional statement given by accused to media is admissible or not, when the
matter Sub-Judice ?
7. Whether the media entitle to telecast or print their own trial ? (specially in the case of state Vs
Dhananjay when the accused was awarded death penalty by the Supreme Court and the media represent
the accused as “Shaheed” whose parents requesting the Hon’ble President of India, to forgive the accused,

6. on television, but media didn’t telecast anything pertaining to the family of a little girl who was raped and
then murdered by the accused).
-10-
AND
8. Whether the media actually works for the interest of Justice, administration and public ?
Delhi.
Dated:2-6-05
(DEEPAK SAINI)
ADVOCATE
Ch.No.B-95, B.G.S. Block,
Tis Hazari Courts,
Delhi-110054
(Published in Law Reporters on Crime 2005 Vol. 2)

7. on television, but media didn’t telecast anything pertaining to the family of a little girl who was raped and
then murdered by the accused).
-10-
AND
8. Whether the media actually works for the interest of Justice, administration and public ?
Delhi.
Dated:2-6-05
(DEEPAK SAINI)
ADVOCATE
Ch.No.B-95, B.G.S. Block,
Tis Hazari Courts,
Delhi-110054
(Published in Law Reporters on Crime 2005 Vol. 2)