Senior advocate Harish Salve and a few high legal professionals in India have expressed critical issues on the way in which the media has been dealing with instances and working their trial in lots of instances. “We jump into people’s personal lives, we call people names, all in the name of transparency…This system has to be contained if India has to become a serious republic. See the measured response in other countries. See how the BBC covers important cases… In India, no one is willing to have a hard look at the system.”,” Harish Salve said during the Ram Jethmalani Memorial Lecture. Many top lawyers including Kapil Sibal, AM Singhvi, C Aryama Sundaram, Fali S Nariman, Solicitor General of India Tushar Mehta, Soli Sorabjee and Law minister Ravi Shankar Prasad also attended the online lecture in memory of late Ram Jethmalani.
“Reputations in India do not matter. Privacy is a advantage we scorn,” Salve said.
Salve also objected to how there was a “clamour” for the arrest of a person once accused in sensational cases.
“What occurred to Justice Krishna Iyer’s saying of ‘first bail not jail?” Salve asked.
“People say no matter they need to whomever they need about, which then will get picked up on digital media – something written on WhatsApp is presumed to be gospel until proved to be false. Anything heard on TV is once more proved to be gospel until proved to be false… This ambiance right now is not conducive to the Rule of Law, it is the one greatest obstacle in India’s progress story,” Salve was quoted as saying by Bar & Bench.
Without naming the Sushant Singh Rajput demise case, Harish Salve mentioned: “It would scare anyone who has practised regulation, who is conversant in how felony justice was and who is involved about how the felony justice system ought to be.”
However, senior advocate Harish Salve made it clear that he was not in favour of “government-tamed media”.
“Only factor worse than reckless media is a Government-tamed media… I do not consider that the Ministry of Information and Broadcasting has any enterprise interfering in content material,” he was quoted as saying.
Senior Advocate C Aryama Sundaram called the media situation “an institutional failure in India”.
“How is the media so concerned within the investigative progress? Why? Because individuals have misplaced religion within the police. People consider the police is corrupt. The public notion is that the wealthy should purchase himself out…” Aryama Sundaram said.
“Whether we settle for it or not, the media has grow to be a public courtroom. It is a proven fact that the media has began portraying itself as a courtroom of public opinion. It is additionally a proven fact that the media has made itself to be a decision-maker of what public opinion ought to be. The media is doing that as a result of the general public has misplaced religion in trying anyplace else,” C Aryama Sundaram said.
Fali S Nariman advocates jury system for criminal trials
Fali S Nariman, one of India’s constitutional jurist and a senior advocate in Supreme Court, proposed a jury system for criminal trials.
“… maybe we had been too brash in abolishing the jury system. Because it is the jury which represents the individuals in a felony trial… We have to critically take into consideration whether or not we must always have a panel – not a jury maybe – (however a) a panel who’re disinterested and who would give their verdict. Because you’ll be able to’t stop the general public from forming an opinion,” Fali S Nariman said.
Nariman, who has authored several books on Indian law and constitution, however, made it clear that media could not be prevented from forming an opinion or taking a position.
“I do not suppose we’re able to stop the media from expressing their opinion both. So now we have to have some type of an mental panel which is able to kind a thought-about and thought-provoking opinion,” Nariman concluded.
Asked for the last word, Solicitor General Tushar Mehta said, “Mr Nariman should at all times have the final phrase.”
Ram Jethmalani’s son and senior advocate Mahesh Jethmalani moderated the lecture.