'Police Disclosure Should Not Result In Media Trial': SC Directs Govt To Frame Guidelines On Briefings By Cops

Highlighting the need for updated guidelines, the Supreme Court said biased reporting gives rise to public suspicion that the person has committed an offence.

The Supreme Court on Wednesday directed the Home Ministry to prepare a manual on media briefings by police personnel on criminal cases while underlining that police disclosure should not result in "media trial", Live Law reported. The Supreme Court sought the report from the MHA within three months.  

The Supreme Court bench, comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra, also directed Director Generals of Police (DGPs) of all states to submit their suggestions for the manual in a month to MHA. The court also directed that the MHA should consider inputs of the National Human Rights Commission (NHRC) in the matter.

Highlighting the need for updated guidelines, the Supreme Court said the existing norms were created over a decade ago and media reporting had evolved, especially electronic media. The SC said biased reporting gives rise to public suspicion that the person has committed an offence.

'Biased Reporting Gives Rise To Public Suspicion That The Person Has Committed Offence'

"Media reportage which implicates an accused is unfair. Biased reporting also gives rise to public suspicion that the person has committed an offence. The media reports can also violate the privacy of victims", the top court observed in the order, Live Law reported.

"The guidelines by Union were prepared almost a decade ago on April 1, 2010. Since then, with the upsurge of reporting of crime not only in print media but also electronic media, it becomes important for there to be a balance," the CJI-led bench further said.

The Supreme Court gave the directions while hearing a plea regarding modalities followed by police in conducting media briefings during ongoing investigations.

The apex court said the nature of information divulged to the media should be according to the specific circumstances of each case and factors such as the age and gender of victims and accused individuals should be considered. 

"The nature of the disclosure cannot be uniform since it must depend upon the nature of the crime and the participating stakeholders including the victims, witnesses and accused. The age and gender of the victim and accused would have a significant bearing on the nature of the disclosure," Live Law quoted the SC as saying.

"It should be ensured that the disclosure doesn't result in media trial so as to allow pre-determination of the guilt of the accused," the court further stated.