M.P.

Lohia vs State Of West Bengal & Anr on 4 February, 2005

I. INTRODUCTION

What is fair and what is unfair are not absolute and immutable ideas. They change according
to time and place. What was unfair few hundred years ago may become fair now. The trial by media
is one such concept. However it has been condemned by civil rights activists, lawyers, judges and
academicians.

The media is a powerful tool for social engineering. It draws its power from Article 19(1)a of
the Constitution which guarantees freedom of speech and expression. As a pillar of democracy it has
the duty to use this right judiciously. The burden becomes heavier because it has the power to mould
public opinions and change the way people perceive the justice system.

II. ADMINISTRATION OF JUSTICE BY SOCIAL MEDIA

The problem of unfettered use of this freedom becomes apparent if we look at the interference
of media in "administration of justice". This interference can be summed up in the phrase "trial by
media" which basically means the impact that media has on a trial proceedings. This impact can be
through prejudicing, forming perception or characterizing person in a certain way.

An accused is declared guilty by the media at the time of arrest, blatantly ignoring the
doctrine of presumption of innocence of the accused until proven guilty beyond reasonable doubt.
For example in the Aarushi murder case the Talwars were declared murderers by media even before
the judgment. Another example is of Asaram Bapu. Though just charged under Protection of
Children from Sexual offences Act, 2012, he was declared guilty by the media. Media portrays the
accused in such a way, by using assertive style of writing, which the public is made to believe the
story of the media.

III. TRIAL BY MEDIA – AFTEREFFECTS

The trial by media is not legal in any way. The interference can have serious effect on the life
of the person who is directly impacted. It makes difficult for such persons to restore their life when
they are found not to be guilty without societal scrutiny which is the result of the pre-judgments by
the media.

Moreover it is very well recognized that a judge presiding over a matter that has gained
media hype is likely to be effected subconsciously if not consciously. This may manifest in either the
judge being apprehensive about public reaction after he passes a judgment against the "media
verdict" or when he feels pressurized to act according to the story of the media, gravely wrecking the
impartiality that he/she is expected to uphold. Such impact on judges is affirmed by 'Aarushi', an
investigative book by journalist Avirook Sen which claims that the judge wrote the 'verdict' even
before the defense finished its argument. Not only accused but sometimes other functionaries like
police are shown in a bad light which degrades their reputation.

VI. RELATION BETWEEN MEDIA AND FREEDOM OF SPEECH

Indian Kanoon - http://indiankanoon.org/doc/1511447/ 1
 M.P.Lohia vs State Of West Bengal & Anr on 4 February, 2005

Law Commission of India in its 200th Report on TRIAL BY MEDIA FREE SPEECH AND
FAIR TRIAL UNDER CRIMINAL PROCEDURE CODE, 1973 analyzed
the relation of trial by media with freedom of speech under Article 19(1)a, reasonable restrictions
and Contempt of Court laws. Section 2 of the Contempt of Courts Act, 1971 defines criminal
contempt. It includes publication of any matter which prejudices or interferes in any way in the
judicial proceedings or administration of justice. Two recommendations of the Commission are
worth pondering.

Firstly, the High Court should be given power to postpone publication of any news that has the
potential to prejudice.

Secondly, the contempt should be from the date of arrest and not from the date of filing the charge
sheet.

Supreme Court of India

M.P.Lohia vs State Of West Bengal & Anr on 4 February, 2005

Bench: N.Santosh Hegde, S.B.Sinha
CASE
NO.:
Appeal (crl.) 219 of 2005

PETITIONER:
M.P.Lohia

RESPONDENT:
State of West Bengal & Anr.

DATE OF JUDGMENT: 04/02/2005

BENCH:
N.Santosh Hegde & S.B.Sinha

JUDGMENT:

Leave granted.

The appellants in these appeals have been charged for offences punishable under Sections 304B,
406 and 498A read with Section 34 of the IPC. Their applications for the grant of anticipatory bail
have been rejected by the courts below. Daughter of the complainant Chandni (since deceased) was
married to the appellant in the third appeal before us. Their marriage took place on 18th February,
2002. The appellants live in Ludhiana whereas the complainant and his family are residents of
Calcutta. Chandni committed suicide on 28th of October, 2003 at her parents house in Calcutta. It is
the case of the appellants herein that the deceased was a schizophrenic psychotic patient with cyclic
depression and was under medical treatment. Though she was living in the matrimonial home often
went to Calcutta to reside with her parents and she was also being treated by doctors there for the
above- mentioned ailments.
Indian Kanoon - http://indiankanoon.org/doc/1511447/ 2
 M.P.Lohia vs State Of West Bengal & Anr on 4 February, 2005

While the complaint against the appellants is that they were not satisfied with the dowry given at the
time of wedding and were harassing the deceased continuously, consequent to which she developed
depression and even though the parents of the deceased tried to assure the appellants that they
would try to meet their demand of the dowry, the deceased was being treated cruelly at her
matrimonial home and her husband had no love and affection to her because of which she developed
depression. It has also come on record that the deceased had tried to commit suicide at the
residence of her parents sometime in July, 2002 i.e. about a year earlier than the actual date of her
death. On behalf of the prosecution as well as on behalf of the defence, large number of documents
have been produced to show that the appellants were demanding dowry because of which the
deceased was depressed and ultimately committed suicide. Per contra the documents from the side
of the defence show that the relationship between the husband, wife and the in-laws were cordial
and it was only illness of the deceased that was the cause of her premature death.

One thing is obvious that there has been an attempt on the part of both the sides to create
documents either to establish the criminal case against the appellants or on the part of the
appellants to create evidence to defend themselves from such criminal charges. Correctness or
genuineness of this document can only be gone into in a full-fledged trial and it will not be safe to
place reliance on any one of these documents at this stage. Therefore, we would venture not to
comment on the genuineness of these documents at this stage. Suffice it to say that this is a matter
to be considered at the trial.

In this background the only question for our consideration at this stage is whether the appellants be
granted anticipatory bail or not.

As stated above, any expression of opinion on the merits of the case except to the extent of finding
out prima facie whether the appellants are entitled for anticipatory bail or not, would likely to effect
the trial. Therefore, taking into consideration the entire material available on record without
expressing any opinion on the same, we think it appropriate that the appellants should be released
on bail in the event of their arrest on their furnishing a bail bond of Rs. 1,00,000/- (Rupees One
lakh) each and one surety for the like sum by each appellants to the satisfaction of the Court or the
arresting authority as the case may be. We direct that the appellants shall abide by the conditions
statutorily imposed under Section 438(2) of the Code of Criminal Procedure and further direct that
in the event of the investigating agency requiring the presence of the appellants for the purpose of
investigation they be given one week's notice and they shall appear before such investigating agency
and their presence at such investigation shall not exceed two days at a time but such interrogation
shall not be a custodial interrogation. They shall be entitled to have their counsel present at the time
of such interrogation.

Having gone through the records, we find one disturbing factor which we feel is necessary to
comment upon in the interest of justice. The death of Chandni took place on 28th February, 2002
and the complaint in this regard was registered and the investigation was in progress. The
application for grant of anticipatory bail was disposed of by the High Court of Calcutta on 13.2.2004
and special leave petition was pending before this Court. Even then an article has appeared in a
magazine called 'Saga' titled "Doomed by Dowry" written by one Kakoli Poddar based on her
Indian Kanoon - http://indiankanoon.org/doc/1511447/ 3
 M.P.Lohia vs State Of West Bengal & Anr on 4 February, 2005
interview of the family of the deceased. Giving version of the tragedy and extensively quoting the
father of the deceased as to his version of the case. The facts narrated therein are all materials that
may be used in the forthcoming trial in this case and we have no hesitation that this type of articles
appearing in the media would certainly interfere with the administration of justice. We deprecate
this practice and caution the publisher, editor and the journalist who was responsible for the said
article against indulging in such trial by media when the issue is subjudiced. However, to prevent
any further issue being raised in this regard, we treat this matter as closed and hope that the other
concerned in journalism would take note of this displeasure expressed by us for interfering with the
administration of justice.

Indian Kanoon - http://indiankanoon.org/doc/1511447/ 4

 M.P.Lohia vs State Of West Bengal & Anr on 4 February, 2005

For the reasons stated above, these appeals succeed and the same are allowed.

CONCLUSION

The justification by media is that they act as catalysts to the otherwise sluggish judiciary. They say
that they merely represent the views of the society and not shape them. Though there are a lot of
vulnerabilities attached to trial by media it would be incorrect not to give media due credit for
exposing various scams and its work in bringing justice in cases where it was under the influence and
pressure of the rich and powerful. For example the Jessica Lal case. Therefore the need of the hour is
to put reasonable restriction on media so that it not only is able to exercise its right of speech but at
the same is prevented from exceeding its arena of legitimate jurisdiction.outcome and everything for
which media usually stands i.e. for the right would be lost and would always start transgressing the
natural principles of justice.

Indian Kanoon - http://indiankanoon.org/doc/1511447/ 5