Price for defaming a SC Judge: Rs. 100 Crore

Electronic media has been a soft target for anyone and everyone. The Pune Court affirmed this statement with its judgment in the defamation case filed by former Supreme Court Judge P B Sawant. A complaint was filed by Justice Sawant against Times Now, a leading NEWS channel for showing the former's picture for about 15 seconds suggesting involvement in the Ghaziabad PF scam. The same was apologized by the channel for 5 consecutive days after such technical BLUNDER was committed. There is a fair chance of mistake due to similarity in names, as the Judge actually involved in the scam had similar kind of a name. 

Pune Court took the issue too seriously to award damages of 100 Crores for the libel. Considering the value of Indian Rupee, how can a Court come to such an abrupt conclusion, awarding 100 crores for libel of a former Judge. It was a criminal case. Probably, the Pune Court failed to appreciate the fact that the channel had expressed extreme apologies and most essentially the absence of MALICE. 

The said order was severely criticized by various jurists, lawyers, judges and most importantly media persons.  The order is undoubtedly abrupt and damages, disproportionate. But the criticism of the High Court and Supreme Court in this case is improper as these Constitutional Courts have merely followed the procedure established by law. It a settled law that the Appellant needs to deposit the damages with the Court in case of an appeal to the High Court in any money decree. The same was done in this case too. Further, the powers of Supreme Court in a SLP filed under Art. 136 are limited and the Apex Court does not interfere with any intermediary order of the High Court. So where have these institutions gone wrong??? NOWHERE !!!

There are fair chances that the Pune Court order would not be upheld by the Bombay High Court. But is this a warning bell for MEDIA?? Do they really need to take care that they don't end up paying hundreds of crores for such inadvertent errors??

Does the Media need to be regulated???

Media has always been an eye-opener to the people. There are mentions of the print media playing a pivotal role during the Indian independence. Since then, this FOURTH PILLAR of the Indian democracy has become more and more concrete. Media has certainly done a lot of good to the nation. Various scams have been divulged by Media recently. It keeps the murder and rape stories burning. It has put immense pressure on the bureaucrats and judiciary to perform.

But, the issue is has the media, along with its numerous positives, crossed the line? Has it transgressed the limits? Has the idea of self-regulation of Media a failure during the era of cut-throat competition in the industry?

The Media has been accused of conducting the trial on their own and making the accused, a convict by the hype and speculations. Probably that is the reason why Kanimozhi and Raja are finding it hard to get their bail sanctioned. The hype created by media disables the Court to do so, something that is done in normal course. The Media has on several occasions gone a bit far affecting various persons.

The question still stands tall, is there a need for the media to be regulated by an outside body??

If the answer is in affirmative, would it not be hindering with the pious and sacrosanct right of the Media to ‘Speech and expression’ guaranteed under the Constitution. Further, with the fastening world, political developments are vary fast. Would the media be waiting for an approval of a body, every time some controversial story has to be broadcast.

Media, should be allowed to regulate itself. One should repose more faith in them with a belief that they would collectively ensure that no wrong is promoted by them.