Rhea Chakraborty vs. State of Bihar & Ors. 2020: Legal Autopsy

Authors

  • Dr. Monika Jain Senior Advocate, High Court of Delhi, New Delhi, India

Keywords:

free media, CBI, judiciary, rights, sushant singh

Abstract

In a country where using internet is deemed to be a fundamental right, curbing the rights of media is definitely against the well defined principles. India has been a country which has included Freedom of Speech and Expression as a fundamental right and if the Court starts entertaining petitions which are seeking to curb this right, our country will soon become a banana republic like our Neighbor China or Pakistan. When Judiciary has been allowed to decide their own limits, when Legislation is allowed to decide their own limits, when Political Parties are allowed to decide their own limits, when even Entertainment industry is allowed to decide their own limits, this restriction on Media by the judiciary is uncalled for and not in good taste. This order is against the well settled principles led down by the Supreme Court where it has been established that Media is the forth pillar of our democracy and if required, they can monitor themselves on their own. If the court passes orders like this, it could be against the very basics of our democracy and will have a long term implication where the ruling party could use this order in their benefit to lower down the tone of Free Media which in no way is a good sign for democracy.

References

1. Section 181(4) of the Cr.P.C

2. Section 6 of the Delhi Special Police Establishment Act, 1946

3. Article 32 & 226 of Constitution of India

4. Section 306 of IPC

5. Section 109 of IPC

6. Section 504 of IPC

7. Section 506 of IPC

8. Section 306 of IPC

9. Section 309 of IPC

10. Section 306 of IPC 11. Litigation (L) No.3145 Of 2020, Criminal Public Interest Litigation (St) No.2339 Of 2020

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Published

2021-06-22

Issue

Section

The Constitutional Jurisprudence: Concept, influence

How to Cite

Rhea Chakraborty vs. State of Bihar & Ors. 2020: Legal Autopsy. (2021). Journal of Constitutional Law and Jurisprudence, 4(1), 33-37. https://lawjournals.celnet.in/index.php/Jolj/article/view/774