It also cautioned the media against crossing the 'lakshman rekha' (limits) on reporting sub-judice matters to protect itself from contempt action.
Evolving a doctrine of postponement as a "neutralizing device" to balance freedom of media and right of accused to have free trial, a five-judge constitution bench headed by Chief Justice S H Kapadia ruled that the media can be directed by the High Court or the apex court to defer the broadcast and publication of court proceedings on case-by-case basis.
"We are not framing guidelines but we have laid down constitutional principle and appropriate writ courts will decide when the postponement order has to be passed on case-by -case basis," the bench, also comprising justices D K Jain, S S Nijjar, Ranjana Prakash Desai and J S Khehar, said.
"Hence, guidelines on media reporting cannot be framed across the board," the bench said.
The bench said that trial by media interfers with the administration of justice and court can in those cases ask for postponement of reporting for a certain period saying that "presumption of innocence has been held to be a human right".
"Trial by newspaper comes in the category of acts which interferes with the course of justice or due administration of justice," the bench said, adding that "the object of contempt law is not only to punish, it includes the power of the Courts to prevent such acts which interfere, impede or pervert administration of justice". More
