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Showing posts with label Media. Show all posts
Showing posts with label Media. Show all posts

Wednesday, 29 August 2012

Exploring Our Justice Delivery System



  1. )            On Law Making & Myths About the Justice Delivery System
      " Avinash : You know, at times I really think that the law is aptly called blind. Why else is there 
                      so much injustice all around, despite libraries full of Codes, Laws, Regulations and 
                      Rules in our country. The discontentment has climbed upto an extent where people 
                      call law an a** . Ever thought why is it so ?

       Me :        I think it’s mostly because of the popular perception that law serves the interests of 
                     only the powerful and the privileged, while the un privileged suffer................... "

                    (Read more at On Law Making & Myths About the Justice Delivery System)



     2. )           On Free Speech, Media Trial & Prejudice

                   "There's nothing more sanctimonious in any democracy than the freedom of speech 
                    and expression. But we must understand that like any other freedom, it too is not 
                    absolute and it is subject to reasonable regulations and restrictions................"

                    (Read More at On Free Speech, Media Trial & Prejudice )


     3.)           Justice in Jeopardy... Why ?

                  " ....what is essential in this context is that when we read or hear against our judicial 
                    system we, as responsible persons, must also strive to analyse the cause (s) behind those 
                    facts.... "

                   (Read More at Justice in Jeopardy... Why ? )






        

Supreme Court Thrashes Media Coverage of 26/11 Incident

While we are hailing the prevalence of justice, in the Kasab episode, let us also take a moment's time to consider what the Hon'ble Supreme Court has said about the manner in which media covered the story and broadcast it over their channels. Now, there cannot be any double standard in accepting the verdict which the Apex Court has handed in Ajmal Kasab's case by upholding the death sentcence awarded to him by the Hon'ble Bombay High Court. One has to therefore also pay attention and weightage to other related observations made by Hon'ble Justice Aftab Alam and Hon'ble Justice C.K. Prasad while delivering their judgment. They came down heavily on the media and made a scathing criticism of the electronic media's "reckless coverage" of the 26/11 Mumbai attacks and observed that instead of serving the interests of the nation, T.V. channels made it difficult for the security forces to fight back. Live telecast of the operations could have even resulted in security personnel suffering casualties, they added.

Taking note of the tapped conversations between the attackers and their collaborators across the border, the court said "coverage helped the assailants counter security movements as their positions were being reported live."  " The operational movements were being watched by the collaborators across the border on TV screens and being communicated to the terrorists," the court added. On the other hand security forces had no means to know terrorists' exact position or even the kind of firearms and explosives they possessed. "Any attempt to justify the conduct of the TV channels by citing the right to freedom of speech and expression would be totally wrong and unacceptable in such a situation. The freedom of expression, like all other freedoms under Article 19, is subject to reasonable restrictions," the bench remarked.


Ripping into the minute-by-minute coverage of the “enemy action,” the bench held that “by covering live the terrorist attack on Mumbai in the way it was done, the Indian TV channels were not serving any national interest or social cause”. The channels, the judges said, “were acting in their own commercial interests putting the national security in jeopardy”. Backing the contention of security agencies and the evidence they had gathered, the court said that the live telecast gave the attackers an edge as their handlers in Pakistan watched the movement of security forces and alerted the terrorists by phone. It underlined that all channels were competing with each other in showing the latest developments, including the positions and movements of security forces.

These shots and visuals could have been telecast after all the terrorists were neutralised and the security operations were over, the court added. “But, in that case the TV programmes would not have had the same shrill, scintillating and chilling effect and would not have shot up the TRP ratings of the channels,” it said.   The coverage of the Mumbai terror attack by the mainstream electronic media has done much harm to the argument that any regulatory mechanism for the media must only come from within," the bench further observed.  It is in such extreme cases that the credibility of  an institution is tested." 





(Information Courtesy: Indian Express and Hindustan Times)