The Bombay High Court on Saturday made public its 39-page order quashing the ban on media coverage of the proceedings of the Sohrabuddin Sheikh trial.
The court in its order said, “The press are the eyes and ears of the public, and fulfil the public’s right to know by reporting about the happenings in the court and its proceedings.”
Justice Revati Mohite-Dere said, “The right of the public to information flows from the right of the press under Article 19 (1) (a) (freedom of speech and expression) of the Indian Constitution. The media, by reporting court proceedings, is fulfilling the public’s right to information about the working of the courts.”
She said that the media not only exercises its own right to freedom of expression under Article 19(1) (a) but it also serves a larger public purpose by disseminating or being the carrier of information, which otherwise is not easily available or accessible to the public.
Justice Mohite-Dere said, “The press is the most powerful watchdog of public interest in a democracy. The presence of the press and the public in criminal trials encourages all participants to perform their duties diligently and conscientiously. It discourages misconduct and abuse of power by the prosecuting agency, prosecutors, judges and others.”
The order said that the role played by the press would discourage partial and biased decision-making. The order said, “It discourages witnesses from committing perjury. In that sense, the presence of the press and public protects the integrity of the trial; and public awareness of court proceedings helps maintain public confidence in the judicial system.”
