New Delhi: In a landmark directive aimed at curbing the rampant culture of "media trials" and sensationalist police reporting, the Supreme Court on Wednesday ordered all States and Union Territories to frame a policy for police media briefings within three months.
The Bench, comprising Justice M.M. Sundresh and Justice N. Kotiswar Singh, disposed of a long-pending petition by the People's Union for Civil Liberties (PUCL), directing states to consider the comprehensive “Police Manual for Media Briefing” submitted by Amicus Curiae, Senior Advocate Gopal Sankaranarayanan.
For years, the Indian criminal justice system has battled the issue of selective leaks. Police officers often parade accused persons before cameras, release "confession" videos (which are inadmissible in court), or share graphic details of a crime to project efficiency. This often prejudices the public mind against the accused before the trial even begins, violating their fundamental rights under Article 21.
The Supreme Court had previously noted that media briefings by the police must strike a balance between the public’s "Right to Know" and the accused’s "Right to a Fair Trial."
The Manual, which the Court has asked States to adopt, proposes a structured approach to how law enforcement interacts with the press. Key recommendations include:
- Designated Media Briefing Cells: Only designated officers or spokespersons authorized by the Head of the Unit should brief the media. Random constables or investigating officers should not speak to the press.
- The 'Disclosure Test': Every briefing must satisfy four tests: Legality, Necessity, Proportionality, and Accountability.
- No Media Trials: Briefings should be factual (e.g., "FIR registered," "Investigating ongoing") and must not suggest the guilt of the accused. The language must be neutral.
- Identity Protection: No disclosure of distinctive descriptors of victims or witnesses unless lawfully consented to.
- Social Media Governance: Official police handles must avoid political content, commentary on ongoing cases, or debates with individuals.
- Accountability: Unauthorized leaks or interviews will be treated as "misconduct," attracting disciplinary action.
"We deem it appropriate to direct the States to evolve an appropriate policy for Media Briefing by taking into consideration the Police Manual... The needful will have to be done within a period of three months."
This directive is a critical step towards professionalizing the Indian police force. By standardizing communication, the Court aims to protect the dignity of victims and the rights of the accused from being sacrificed at the altar of 24/7 news cycles. It puts an end to the "hero cop" narrative where justice is claimed to be delivered through press conferences rather than courtrooms.