The Sikkim High Court has held that there is no legal prohibition on the media disclosing the name of an accused person while reporting on a First Information Report (FIR), observing that fair and accurate crime reporting does not amount to a “media trial,” Bar & Bench reported.
Justice Bhaskar Raj Pradhan said that reporting on the registration of an FIR is part of the media’s duty as the “fourth pillar of democracy,” and emphasised that truthful and balanced reporting cannot be curtailed merely on apprehensions of prejudice.
“Fair and accurate reporting of the factum of lodging of the FIR against the accused person… cannot be termed as ‘media trial’,” the Court observed, adding that no law bars disclosure of the accused’s name, provided the identity of the victim is protected and the reporting does not prejudge the case.
The Court underlined that the right to freedom of speech and expression under Article 19(1)(a) includes the freedom of the press, which plays a vital role in ensuring an informed citizenry and encouraging the pursuit of truth.
The observations came while the Court was hearing a plea seeking removal of a news report published by Sikkim Chronicle regarding an FIR registered against an accused person. The petitioner had also sought a restraint on further reporting of the case.
Rejecting the plea, the High Court noted that the Supreme Court has already directed that FIRs be uploaded on police websites, and there is no restriction on disclosing the contents or the name of the accused.
The Bench further held that courts should exercise restraint in interfering with media reporting when it is fair and factual, and that any request to restrict reporting must be assessed on a case-to-case basis.
It also clarified that while individuals may seek postponement orders if they genuinely apprehend prejudice to a fair trial, no such grounds were made out in the present case.
Observing that the reportage in question presented both sides of the story and was within journalistic norms, the Court dismissed the petition, reaffirming the media’s role as a watchdog in a society.