SC asks media to be responsible in reporting sub-judice cases

The Supreme Court on Monday asked the media to be "more responsible" in reporting sub-judice matters like the Aarushi murder case, whose coverage has caused a damage to the reputation of the victim's family.

The apex court, which emphasised the need for laying down general guidelines for reporting the sub-judice matter, expressed its anguish over the reporting in the Noida double murder involving Aarushi and her domestic help Hemraj.

"We are not worried about ourselves. We have sufficiently broad shoulders, but we are concerned about the reputation of people as was in Dr (Rajesh) Talwar's case," a Bench of Justices Altamas Kabir and Markandey Katju observed.

"Media has to be more responsible. They must not do anything by which investigation is prejudiced against the accused," the Bench said while issuing notices to the Centre, UP government and the Press Council of India seeking their response on framing guidelines for reporting sub-judice matters.

The remarks from the bench came when an advocate in the matter submitted that after the last order of July 22, the media has observed restraint in reporting the Aarushi murder case in which her father Dr Rajesh Talwar was kept in jail for 50 days before being declared innocent by the CBI.

The court was hearing a PIL filed by advocate Surat Singh seeking a series of directions to protect the reputation of the Aarushi Talwar's family.

It said caution in reporting such cases was required as "it is not only the reputation of a person, but a person is held guilty before the trial in the case takes place."

"In this case (Aarushi murder), what is the positive evidence against them (accused)," the Bench asked while speaking about the reach and influence of media on society.

"The media has a powerful influence. Not only the print media even television has reached all blocks and villages," the bench said making it clear that there was no attempt to gag the media which has to be responsible.

During the hearing, the bench, which said the freedom of media under the Constitution was not an absolute freedom, wanted to know whether there was any single body representing the TV channels.

Additional Solicitor General Gopal Subramanium told the bench that there is a Broadcasting Council of India, which represents the TV channels.

"We want to lay down general guidelines and not to target any individual," the bench said posting the matter for further hearing on September 23.

The bench said its July 22 directions asking the media to exercise caution in reporting or telecasting matters relating to Aarushi murder case will continue.

The PIL had alleged that Talwar's reputation has been maligned by the media and the police and has sought action against investigators keeping the teenager's father in 50 days' custody before declaring him innocent.

The Ministry of Law and Justice, I&B Ministry, CBI, and the UP police have been made respondents in the matter.

The petition alleged that the media had maligned the sacred father-daughter relation by "irresponsibly" reporting the incident.

The petitioner also sought a direction for setting up a five-judge "criminal justice system reforms committee" to inquire as to "why an innocent person was allowed to rot in police custody for 50 days because of bungling and mishandling" by investigation agencies.

The petition submitted that the media and the investigating agency had indulged in character assassination of the dead girl.