Introduction
Expression is a matter of liberty and right.
The liberty of thought and right to know are
the sources of expression. Free Speech is live
wire of the democracy. Freedom of expression
is integral to the expansion and fulfillment of
individual personality. Freedom of expression
is more essential in a democratic setup of State
where people are the Sovereign rulers. Iver
Jennings said, “Without freedom of speech, the
appeal to reason which is the basis of democracy
cannot be made”.2 Milton in his Aeropagitica
says that without this freedom there can be no
health in the moral and intellectual life of either
the individual or the nation.3
Reasonable Grounds for Restraining
Media in Order to Keep Administration of
Justice Unimpaired
The freedom of speech under article 19(1) (a)
of the Constitution of India has to be carefully
and cautioned used, so as to avoid interference
of justice and leading to undesirable results in
the matters sub-judice before the courts. The
impact of television and newspaper coverage on
judiciary’s reputation by creating a widespread
of guilt, regardless of any verdict in a court of
law will not be fair.4
It is essential for the maintenance of dignity
of courts and is one of the cardinal principles of
rule of law in a free democratic country that the
criticism or even the reporting particularly in subjudice
matters must be put to check and balances
so as to not to interfere with the administration
of justice.5