Monday 12 September 2011

Media Vs. Judiciary: High time strike a balance

                                   
From ancient times people were so eager to know what happened around them. They often waited for the traders to come not only to have their goods but also to know what went on in their neighboring states. The traders who moved on from one kingdom to the other apprised them on latest developments. As time passed on we reached the present era of information revolution that deconstructed our life forever. Change can often be for good or bad, largely depends on the mindset of the concerned that how they tend to use it. Information technology brought revolutionary changes in both print and visual media, resulting in the rise of a new empowered fourth estate. Obviously this had far reaching effects on all fronts; the immediate result was more administrative accountability than ever. A sense of fear spread among the black sheep’s of an imminent sting on them, media activism grabbed public attention. 
                     A vigilant Press forms the backbone of a democracy, especially in a country like ours where corruption has become so rampant and to an extend part of life. While acknowledging the positive role played by the media, the recent trend of it’s overstepping into Judicial arena needs to be thoroughly debated. The visuals and accompanying comments and the hype it creates all around is well beyond imagination. The reality is media whether the print or the visual carries immense appeal among the masses. Just observe the tone and the tenor of the anchor when it comes to breaking news of the hour. When media investigates the other side of the icons and unveils the hidden part it really enthralls the commonman.At present there is a wide spread feeling among the masses that our democratic Institutions are failing one after the other. As the breaking news flashes on the television screens unraveling a new mammoth corruption majority feels deceived. Rather than portraying this as a collapse of the entire system it should be seen as individual aberration. The Media was really successful in highlighting the issue of corruption in various fields and made people conscious of what transpired around them. But the hard fact is that corruption as such is not limited to any particular arena but has infected the whole system which includes the media. This sad reality was exposed in recent times where the names of well known media personalities came to surface while lobbying for big business groups. The journalists who are bound to be neutral and who are expected to present an unbiased view failed in rising to the level of expectation but this doesn’t mean that the whole journalist fraternity turned corrupt.
                   The Media trials and parallel investigations create certain notion among the viewers, which once imprinted remains forever. The constitutional right of a person to have fair trial if infringed would lead to chaos. It would result in such a scenario where the presumption of innocence extended to an accused would be a thing of past, no benefit of doubt too, only compulsory convictions would prevail. The reach of media is beyond description, people shape up their opinion on the basis of what is delivered to them through the print or visual media. Hence the media cannot ignore their social responsibilities for the sake of raising their TRPs.
                  If media through its own investigation brings out the facts, produce witnesses and pronounce the verdict it is worthwhile to ask what is the need for a trial before a court?. The courts don’t have any magic wand to procure evidence and witnesses to deliver a verdict in a manner prescribed by the media. It largely depends upon the investigative agencies and prosecution on how strong they present their case. Today the corruption in judiciary is a much debated topic,in such a situation, if a lower court acquits someone due to lack of evidence and if media had carried relentless campaign against the accused demanding stringent punishment, what would be the fate of the judge who pronounces the verdict. The natural outcome is that the judicial officer would be gifted a long lasting tainted image. And the Trial would stand as a farce before the agitated masses. If tit for tat reaction to be expected from the judiciary’s side it can invoke contempt procedure for obstructing justice deliverance system .Eventually leading to a tug of war where no winner emerges on the other hand these pillars of democracies would be failing in their constitutional and societal obligations.
                   As we have seen, the unearthing of new pieces of evidence even confuses those who hold media trials.Inspite of its snails pace in disposing cases one often wonders why more and more continues to knock at the doors of judiciary. The answer is people have great faith in this institution and they believe even if a little delay is caused justice would be done. And in majority of the cases this belief has turned true. So the need of the hour is to strike a balance between the respective Institutions rather than encroaching into the fields of one another.Yes,the media played key role in bringing justice to the aggrieved, but the case may not be the same in every instance. About corruption, can the media claim that its totally insulated from this menace? Ours is a very young democracy, it is maturing, sixty four years too little for a nation to be judged. Let the courts uphold the maxim Fiat justitia ruat coelum (May justice be done though the heaven fall)


K. V.Sreemithun
                                                                                                 

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