No blanket restriction on publishing court news
Journalism does not cater publishing news that influences trials and taints the image of the court. There are flaws in the newsrooms, of course, with the fast and dramatic increase in the country’s press media. There are risks that many newsrooms fail to abide by the rules of journalism. In legal cases that are under trial, the accused and the complainant have equal rights to justice. However, this is not always reported by the media in a responsible manner.
Under such circumstances, on 16 May the Supreme Court issued a notification restricting the publication of news on on-going cases. This was not totally uncalled for, but confusion has been created over the clarity of the notification.
“It is being noticed recently that some TV channels have been running scrolls and newspapers have been publishing news on on-going cases which is totally unwarranted.”
“Under these circumstances, all concerned have been requested to refrain from publishing news and scrolls about ongoing cases in courts,” said the notification signed by Supreme Court registrar Golam Rabbani.
The notification created a concept that news on ongoing cases cannot be published, even if it is on public issues including food adulteration and pollution of WASA water or ongoing cases on charges of corruption against top politicians or businessmen. It seems that news other than the press releases of the court cannot be published.
With a few exceptions, trial proceedings of any case take place publicly in the court. The news of open trial proceedings in court is being published year after year.
I can remember my experience about the trial proceeding in the Bangabandhu killing case in a court set up in Old Dhaka. There was no restriction in publishing news. Although the military courts are not open, the news of such courts is published, quoting lawyers. We can remember the Agartala conspiracy case. We can cite the International Crimes Tribunal in which those who opposed the liberation war in 1971 and committed crimes against humanity, were tried. In these cases, the press media played an important role by updating the people.
Highlighting the role of journalists, chief justice Syed Mahmud Hossain recently said, “People now want to know the news of the courts and the interest of people is increasing.”
On 26 September in a workshop on ‘Legal Aid and Law Reporting’, he assured that he would take steps so that the journalists can enter all benches of the High Court. On 5 February, in a book launching ceremony he said, “Information relating to the court, law and order, human rights and legal services is disseminated through journalism.” Journalists play an important role in creating awareness by publishing news of those seeking justice. Journalism is closely related to the court.”
So it is now necessary to clarify the ambiguity of the notification issued on 16 May in a bid to maintain the commitment of chief justice to the justice system in the open court. We hope the court will willingly give the explanation. The Law Reporters’ Forum, journalists’ unions and the editorial council can appeal to the court for clarification.
Meanwhile, several journalist organisations expressed concern and requested withdrawal of the notification. But mere statements will not suffice. As per legal procedure, it is necessary to take measures with the assistance of the lawyers. As a result, the news of court proceedings and different cases can be published and the freedom of press is protected.
On 5 February, the chief justice also said, “The absence of press media cannot be imagined in democratic, independent and sovereign country.” If the recent notification creates a concept that an arbitrary restriction has been imposed on publishing news on ongoing cases, it may also create confusion on the public mind. On 3 May, Reporters Sans Frontières (RSF), a global forum for journalists, said Bangladesh has downgraded to a great extent in the index of freedom of press.
As deficiencies in democracy have recently become very acute, it may create confusion that the government has a role in controlling the publication of court news. It is only natural for such an idea to grow, following the court orders on public interest issues which show the weakness in governance. We apprehend this notification will also taint the image of the court.
Following annulment of the law on the contempt of court through a Supreme Court judgment, the press media is at additional risk. If the new restriction is imposed, the common people will be deprived of news of the court. We hope the court will understand the matter and take initiative to solve it. It is acknowledged that transparency and open court proceedings brighten the image of the judiciary. The recent experience of India shows that.
Following allegations of sexual harassment against India’s chief justice Ranjan Gogoi, there was huge debate in the Supreme Court. But the court did not interfere in publishing news. Our court follows innumerable decisions of India court. We hope the court will not hesitate to follow the instance of India in the question of right of the press.
* This piece, is originally published in Prothom Alo print edition, has been rewritten in English, by Rabiul Islam