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Divan: Press Freedom cannot be compromised for other rights by J Venkatesan

‘Unless media freedom to report court proceedings is protected, the right to know will be impaired”   Freedom of the press cannot be compromised with any other fundamental right enshrined in the Constitution, senior counsel Anil Divan argued in the Supreme Court on Wednesday. Continuing his submissions before a five-judge Constitution Bench headed by Chief Justice of India S.H. Kapadia, counsel said the right conferred under Article 19 (1) (a) though not absolute...

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‘Fetters on press hurt democracy’-Dhananjay Mahapatra

Former law minister and anti-Emergency crusader Shanti Bhushan on Tuesday pleaded with a Supreme Court's five-judge constitution bench not to go ahead with the framing of reporting guidelines and said fetters on Press Freedom would impede democracy.  Bhushan cited the infamous ADM Jabalpur case judgement rendered by a constitution bench of the Supreme Court, which had by 4:1 majority upheld suspension of right to life during the Emergency, and said it...

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Will courts regulate the media?-Nikhil Kanekal

Inaccuracy in reporting court proceedings has caused friction between the press and the legal community On the morning of 10 August 2011, senior lawyer Harish Salve looked upset as he entered Chief Justice of India (CJI) S.H. Kapadia’s courtroom, holding a newspaper that had published an article on a case he was arguing in the Supreme Court. Salve complained that the article in question, written by a journalist at news agency Press...

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Editors Guild opposes norms for reporting on court proceedings; NBA feels need-J Venkatesan

The Editors Guild of India on Thursday opposed in the Supreme Court the idea of temporary restraint on reporting of court proceedings saying enforcing these guidelines would lead to “infringement” of the right to free speech. Senior counsel Rajeev Dhavan told a five-judge Constitution Bench headed by Chief Justice S.H. Kapadia that any move to empower courts even to temporarily clamp down on reporting to protect the interests of the parties...

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The public needs both gavel and pen-Siddharth Varadarajan

The Judiciary is the third branch of government. As with the Executive and Legislature, the public has a right to see and know and understand the functioning of this branch. That is why India, like every other democracy, has embraced the concept of open court proceedings and trials, except in those situations where, for security or other compelling reasons, in camera hearings are required. In the Mirajkar case ( Naresh Shridhar...

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