Thomas L. Friedman

The agony of Syria


Thomas L. Friedman

SC imposes 'Lakshman rekha' guideline on media reporting

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Supreme Court

Highlights:

* Supreme Court says it can't frame guidelines on media reporting across the board.

* SC says temporary postponement on reporting a matter can be sought by aggrieved party by moving appropriate court.

* Journalists should know the 'Lakshman Rekha' so that they don't cross the line of contempt, SC says.

* Freedom of speech and expression is not an absolute right under our Constitution, says the apex court.

* SC says doctrine of postponement of reporting has been evolved as a preventive measure and not as a prohibitive and punitive measure.

* SC says doctrine of postponement of reporting has been evolved as a preventive measure and not as a prohibitive and punitive measure.

* The reasonable restriction on publication of court proceedings is for societal interest.

The Supreme Court today laid down a constitutional principle where aggrieved parties can seek from appropriate court the postponement of the publication of court hearings and a decision taken on a case-by-case basis.

The court, however, refrained from framing broad guidelines for reporting of sub-judice court matters, saying it cannot be done "across the board."

The bench observed that freedom of speech and expression is not an absolute right under the Constitution and the journalists should understand the 'Lakshman rekha' so that they do not cross the line of contempt.

A five-judge bench headed by Chief Justice S H Kapadia said it was laying down the constitutional principle which will allow the aggrieved parties to seek from appropriate court the postponement of the publication of court hearings.

The bench said the concerned court will decide the question of postponement of reporting court proceedings on case-by-case basis.

"We are not framing guidelines but we have laid down constitutional principle and appropriate writ courts will decide when the postponement order has to be passed on case-by -case basis," the bench also comprising justices D K Jain, S S Nijjar, Ranjana Prakash Desai and J S Khehar said.

... contd.

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