Never write on anything sub judice, CJI Kant's advice
GS2Polity · Governance · IR· Judiciary & landmark judgments· Mains·
Why in news
Chief Justice of India Surya Kant advised against publishing articles on sub judice cases to prevent creating external impressions before judgments are delivered.
Background
CJI Surya Kant and Solicitor General Tushar Mehta discussed the regulation of media reporting on ongoing judicial proceedings. Senior advocate Kapil Sibal argued that while commentary is part of public discourse, it must remain accurate and avoid imputing motives to the judiciary.
Facts for Prelims
- PostSurya Kant: Chief Justice of India
- PostTushar Mehta: Solicitor General of India
- FactSub judice: Cases currently under judicial consideration and not yet decided.
For Mains
Q. Discuss the tension between the freedom of the press and the need to maintain judicial impartiality during sub judice proceedings in India.
Dimensions to cover in your answer
- Judicial integrity: Risk of 'trial by media' influencing judicial officers and public perception
- Constitutional balance: Balancing Article 19(1)(a) freedom of speech with the sanctity of the judicial process
- Regulatory gap: Lack of specific statutory guidelines for media conduct during ongoing litigation
Keywords: Sub judice · Judicial impartiality · Freedom of press · Public discourse · Rule of law
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