Habit Of Releasing Pleadings And Documents To The Media Before They Are Considered By The Courts Not Acceptable:...
Habit of Releasing Pleadings & Documents to the Media Before Court Consideration – Not Acceptable
🔹 Principle
Courts in India have consistently emphasized that:
Once a matter is sub-judice, parties must exercise restraint.
Releasing pleadings, affidavits, charge-sheets, or other materials to the media before judicial consideration can amount to:
Prejudicing the trial,
Interfering with administration of justice,
Violating the principle of fair trial (Article 21), and
Sometimes contempt of court under Contempt of Courts Act, 1971.
🔹 Judicial Observations & Case Laws
Sahara India Real Estate Corp. Ltd. v. SEBI (2012) 10 SCC 603
SC held: Media reporting must not prejudice ongoing proceedings.
Court can pass postponement orders to prevent reporting if necessary to protect administration of justice.
It emphasized balance between free press (Art. 19(1)(a)) and fair trial (Art. 21).
R.K. Anand v. Delhi High Court (2009) 8 SCC 106
Media’s role is important, but trial by media cannot influence or interfere with the judicial process.
Lawyers and litigants are bound by a duty of restraint.
Naresh Shridhar Mirajkar v. State of Maharashtra (1966) 3 SCR 744
SC recognized courts’ inherent power to regulate publicity of proceedings to ensure fair trial.
Delhi High Court – 2021 (In re: Media Publication of Court Documents)
Held: Parties must not publish pleadings/affidavits given in court before judicial consideration.
Premature leaking to media amounts to parallel trial and creates public prejudice.
Madras High Court – 2023 (XYZ v. State)
Observed that “habit of leaking investigation papers, charge sheets, and pleadings to media before court scrutiny is unacceptable”.
Such conduct undermines judicial sanctity.
🔹 Reasoning
Court documents are confidential until judicial application of mind.
Media leaks:
May create public perception of guilt/innocence,
Put pressure on judges,
Cause character assassination without trial.
Thus, parties and lawyers must show restraint and respect judicial process.
🔹 Conclusion
The judiciary has made it clear:
👉 Pleadings, affidavits, and documents must first be considered by the court.
👉 Releasing them prematurely to the media is not acceptable, as it endangers the right to fair trial and can invite contempt proceedings.
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