- People would be left wondering how crucial information of some of the most high-profile investigations involving celebrities and renowned personalities make it to the media channels, both print and electronic, even before the trial begins formally. Most often than not, the overjealous and extremely voluminous medial channels go overboard in minutely dissecting the ongoing investigation attempting to provide the viewers with all possible angles about the case. Not for nothing, it is mentioned that the media trial often leads to pronouncements of judgments even as the meandering court process takes its sweet time to conclude.
PC: Kartik Mago
- The nation saw last year how the tragic death of a Bollywood star’s investigations was played out unabashedly in the media. Now, yet another high-profile case involving the young son of a Bollywood superstar is hitting the news headlines for all the wrong reasons. The new claims and counterclaims emerging from the case is resembling a great saga in itself shaming the usual pot-boilers produced from the Bollywood staples. However, what is most riling for the concerned citizens is the leak of alleged WhatsApp conversations between two individuals where one is under investigation and the other is being questioned by the Narcotics Control Bureau.
- This is not only setting a dangerous pattern but also carries risks of jeopardizing the investigation as well. Mind you, these leaks also violate basic constitutional rights, and, therefore, the leakers must be criminally prosecuted, no less. As you are aware, there is a time-tested, constitutionally sanctioned, and statutorily laid down process through which law enforcement personnel are allowed to take custody of individuals and gather material as part of the investigation. Investigation officers are to submit such material to court via charge sheets, whereupon judges adjudicate the merits of the case.
PC: Montana Employment Law Letter
- The Constitution’s Articles 20(3) and 21 confers any citizen’s right to be deemed innocent before being proven guilty and the right to reputation and fair trial, specifically enjoining investigative officers to not do anything that subverts these rights. Moreover, such selective leaks are aimed at turning public opinion against those who haven’t been proven guilty and also to create a hostile legal environment against them. Of course, the courts have observed, censured, and pulled up investigators strongly for leaking information but the leaks continue. Thus, it is inevitable, the Supreme Court steps in to address this matter by framing guidelines as the Constitutional rights are involved.
- Firstly, any leak before a case is argued based on charge sheets should automatically lead to criminal prosecution. Secondly, to go around agencies and the police’s usual explanation that the leaker cannot be identified should be overruled by making the investigative officers (IOs) directly responsible in the case of a leak. Once this accountability is firmly fixed, there will be a massive disincentive against leaking investigative material. This is the only way the subversion of the criminal justice system that’s happening routinely now can be stopped. The abominable practice of media trials should stop too. The Supreme Court should intervene to set things in order.
