❖Media Trial Vs Fair Trial Freedom of speech plays a crucial role in the formation of public opinion on social, political, and economic matters. Similarly, the persons in power should be able to keep the people informed about their policies and projects, therefore, it can be said that freedom of speech is the mother of all other liberties. Parties have a constitutional right to have a fair trial in the court of law, by an impartial tribunal, uninfluenced by newspaper dictation or popular Glamour. What would happen to this right if the press may use such language to influence and control the judicial process? It is to be borne in mind that democracy demands fair play and transparency, if these are curtailed on the flimsiest of grounds then the very concept of democracy is at stake.
❖ Is Media Trial a Contempt to Court? Trial by Media is Contempt of Court and needs to be punished. The Contempt of Court Act defines contempt by identifying it as civil and criminal. There are multiple ways in which attempts are made to prejudice trial. Contempt of court has been introduced to prevent such unjust and unfair trials. No publication, which is calculated to poison the minds intimidate witnesses or parties, or create an atmosphere in which the administration of justice would be difficult or impossible, amounts to contempt. Commenting on the pending cases or abuse of a party may amount to contempt only when a case is triable by a judge. No editor has the right to assume the role of an investigator to try to prejudice the court against any person.
