"Media Conducts Agenda Driven Debates, Runs Kangaroo Courts & Oversteps Upon Sanctity Of Judiciary": Allahabad HC In Ashish Mishra Bail Order

Denying bail to Ashish Mishra, the prime accused in the Lakhimpur Kheri Violence case, the Allahabad High Court today pointed toward the recent trend in media to conduct ill-informed and agenda-driven debates. The Court also said that the media has been overstepping upon the sanctity of the judiciary in high-profile criminal cases. Speaking about media trials, the Court said that such trials take up the investigation on its own, which leads to forming of public opinion against a suspect, even before the court takes cognizance of the case.As a result, the Court said, the accused who should have been presumed innocent is treated a criminal and added that this problem has been multiplied by electronic and social media, especially with the use of tool kits. Further, the Court also blamed the media for running Kangaroo Courts. Apart from this, the Court also added that of late, the media is seen overstepping upon the sanctity of the judiciary in high-profile criminal cases, as was evident in the cases of Jessica Lal, Indrani Mukherjee, and Aarushi Talwar, etc. The Bench of Justice Krishan Pahal further remarked that the media is supposed to provide news to society, but sometimes, individual views are overshadowing the news thus putting an adverse effect on truth.Further, stressing that the excessive publicity of the suspect in the media before the trial in a court of law, either incriminates a fair trial or results in characterizing the accused as the one who has certainly committed the crime, the Court observed thus:"The vital difference between the convict and accused has to be looked into by keeping at stake the cardinal principles of 'presumption of innocence until proven guilty' and 'guilt beyond reasonable doubt'. Media trial apart from taking up the investigation on its own leads to forming public opinion against the suspect even before the court takes cognizance of the case as a result the accused who should have been presumed innocent is treated a criminal. The excessive publicity of the suspect in the media before the trial in a court of law, either incriminates a fair trial or results in characterizing the accused or suspect as the one who has certainly committed the crime"Additionally, referring to the Apex Court's ruling in the case of Saibal Kumar Gupta and Ors. v. B.K. Sen and Anr., the Court referred to the Supreme Court's observations holding that held that when there is an ongoing trial by one of the regular tribunals of the country then trial by newspapers must be prohibited. Herein, the Live Law readers may note that Allahabad High Court made these observations as it opined that had both sides observed a bit of restraint, we would not have seen the loss of eight invaluable human lives in the Lakhimpur Kheri violence case. 5 persons (four farmers and one journalist) from the side of the victim and three persons from the side of the applicant died in this incident. In addition to it, 13 persons sustained injuries from the side of the informant and 3 from the side of the applicant.Though the Court denied bail to Mishra, however, in the order, it has been specifically observed that since the District Administration had issued a proclamation under Section 144 Cr.P.C. during the time of the incident, therefore, the same was applicable not only to the accused and his associates but also to the agitating/protesting farmers. Bail order The Court said that several inconsistencies, embellishments and improvements have been referred by the defence in the statements of witnesses to the site plan, however, the same cannot be delved into at this stage, rather are to be seen by the trial court concerned. Importantly, the Court underscored that the presence of the three vehicles at the spot from one of which the applicant/Mishra was seen coming out is a crucial circumstance weighing against the applicant. "The said Thar vehicle was registered in the name ofthe father of the applicant and he was seen in the said vehicle recovered from the spot, although the applicant was not seen driving it. There are two FIRs lodged by the witnesses having being threatened. The cross-version to the present case does not help the accused," the Court observed.Consequently, taking into consideration the complicity of the applicant, there being an apprehension of the witnesses being influenced, the severity of punishment as drawn from the nature and gravity of the accusations, without expressing any opinion on the merits of the case, the Court denied the bail plea.The background of the bail pleaMishra's bail plea was remanded back to the High Court for fresh consideration by the Supreme Court in April 2022 month while allowing the appeal filed by the victims challenging the bail order of Allahabad High Court.Essentially, the Allahabad High Court had, on Feb 10, granted bail to Ashish Mishra after noting that there might be a possibility that the driver (of Thar) tried to speed up the vehicle to save himself, on account of which, ...

"Media Conducts Agenda Driven Debates, Runs Kangaroo Courts & Oversteps Upon Sanctity Of Judiciary": Allahabad HC In Ashish Mishra Bail Order

Sparsh Upadhyay

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