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Peoples Union for Civil Liberties vs The State of Maharashtra

Criminal Appeal · 2023 INSC 833Decided 13 Sept 2023
Criminal Appeal No. 1255 of 1999
Pamidighantam Sri Narasimha · Manoj Misra

Background

This long-running batch of cases originally raised two issues: the procedure police must follow while investigating "encounter" killings, and the propriety of police media briefings during ongoing criminal investigations. The encounter-killings issue was already resolved in a 2014 judgment. This particular order deals only with the second, still-pending issue: how and when police should brief the media about an ongoing investigation without violating the accused's right to a fair trial and presumption of innocence, or the privacy of victims.

Decision Breakdown

The Court noted the competing constitutional interests at stake, the media and public's right to information under Article 19(1)(a) versus the accused's and victims' right to fair treatment and dignity under Article 21, and reviewed a detailed compilation prepared by the court-appointed Amicus Curiae of police media-relations practices from India (CBI manual, 2010 Home Ministry advisory) and abroad (UK, US police forces). Rather than itself laying down a rulebook, the Court directed that all Directors General of Police across India send their suggestions to the Union Ministry of Home Affairs within one month, after which the Ministry (in consultation with the Amicus Curiae, the National Human Rights Commission, and media bodies) must prepare a comprehensive, uniform manual on police media briefings by 31 December 2023. The matter was listed for further hearing in January 2024.

Lesson Learnt

There is currently no single binding national rulebook governing what police can say to the media during an investigation; the Supreme Court is pushing for a uniform, government-drafted policy (expected around end-2023) to prevent "media trials" that could prejudice fair investigation while still respecting the public's right to be informed.

Official source (sci.gov.in)View Judgment (PDF)

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