RAJ KUMAR
Ranchi, Nov.26: Judges were today made aware of the extent to which freedom of speech and expression should be used during a technical session of East Zone-1 Regional Conference on “Contemporary Judicial Development and Strengthening Justice through Law and Technology” at Jharkhand Judicial Academy.
Supreme Court advocate Sujit Ghosh was present as a resource person to give them a brief idea under topic “Judiciary and Media: Need for Balance”.
Advocate Ghosh made them aware of the related laws of different parts of the world including US, Canada, Germany, Australia, France and others and said that the most important point to ponder while deciding the use and misuse of the freedoms are intention, context, dignity of people and society, situation, purpose besides others.
Presenting an example of Germany on the occasion, advocate Ghosh said that in the country even speaking the truth is not allowed if it is against the dignity of any person or community. Talking about French, he said the country gives the right to speak and criticise. About the UK he said that the country does not allow anyone to speak anything which spreads hatred in the society.
The advocate said while judging the merit of case of speech and expressing it should be considered who spoke, where spoke and when spoke. Other points of consideration he discussed were public order and security of the country.
During his deliberation he also mentioned the incident of massacre of journalists in France.
Before Ghosh started, former Supreme Court judge Justice Indira Banerjee said the judiciary also communicates through judgements. She said each judgement is a public document.
Talking about the role of media, she said it has to play a pivotal role under the democratic set up although there is now separate law for Free Press and it was to work under 19(A) of the constitution, which gives freedom of speech and expression.
Talking about the limitation she remembered terrorist attack in Mumbai in November 26 when terrorists used information of media to watch movement of security personnel and killed them. She said that it should not do anything which interferes with the course of justice and explained how reporting the statement of one witness helps another witness to prepare to face the court.
Talking about the media report on judges she said though judges are not supposed to get influenced by media reports but they are also human beings. She said fair criticism is not contempt but scandalising the court is not right.
