Supreme Court Working On New Guidelines On Police Briefing To Media

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The Supreme Court of India on Wednesday commenced the process of framing guidelines to regulate the extent and nature of information police can disclose to the media on criminal cases.

The bench comprising Chief Justice R M Lodha and Justice Rohinton Fali Nariman asked counsel Gopal Shankarnarayanan to coin a question that would be sent to the state governments as well as the Center, including the union territories for eliciting their response on the issue

The apex court has asked Shankarnarayanan to frame the question within two weeks. It was just over a week back when Shankarnarayanan was made the amicus curiae during the last hearing.

The issues on which the court will be consulting the central and state government include to what extent police should be allowed to disclose to the media and during what state of the investigation. In addition, the level of hierarchy that will be communicating with the media is also to be determined.

The Supreme Court had issued the order on the guidelines in order to tackle the difficult situations involving gun battles, disciplinary action against police officials, follow up actions and so on.

1 COMMENT

  1. The SC does not have the governmental machinery to study, decide and pass legislatures or orders to run the government. The Court is ONLY and ONLY FOR deciding the disputes. If the Courts give guide lines, who can study and rectify the same? Can anybody guide the Guide Lines Giver? The Guide lines given by the SC in Madhuri Patil for verification of caste certificates are uncalled for. Those are illegal, against Evidence Act, Human Rights, against the provisions of the Constitutions. But the Courts have been presuming that those Guide lines are given under Art 141. I have written a book in Marathi on these guide lines, titled as “JAT-PRAMANPATRE : KAYDA AANI WASTAVA.”
    Is there any committee to verify the certificates? What of sec. 79 of Evidence Act? What of Art 261? What of Art 14?
    The 7-judge bench has observed in State of Kerala v/s N.M.Thomas, 1976 SCC (2) 310, in its para 194 as follows,
    ”We must remember that the Courts are meant to interpret and not make the law.”
    However, the SC may express some views. Thereafter it is the DUTY of the appropriate Government to study the matter and do the needful. It must be remembered that Legislature, Executive and Judiciary have some special importance in governance of the State. No body should make any encroachment on the field of others. If the SC given guide lines, some day the the public shall not respect the Court. The SC and all the courts of record must strive to improve the quality of their judgments, particularly giving Complete judgment so that there is little scope for making any appeal. Otherwise the Government may make the constitutional amendment for prescribing the rules for writing the decisions.
    Regards.

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