Wikimedia Foundation Inc. vs ANI Media Private Limited 2025 INSC 656 - Judiciary and media - Subjudice principle
Judiciary and media - Subjudice principle - judicial attitude to the subjudice principle or interference in court proceedings or contempt of court discussed - Courts, as a public and open institution, must always remain open to public observations, debates and criticisms. Infact, courts should welcome debates and constructive criticism. Every important issue needs to be vigorously debated by the people and the press, even if the issue of debate is subjudice before a court. However, those who offer criticism should remember that Judges cannot respond to such criticism but if a publication scandalizes the court or a Judge or Judges and if a case of contempt is made out, certainly courts should take action. But it is not the duty of the court to tell the media: delete this, take that down. (Para 30) - For the improvement of any system and that includes the judiciary, introspection is the key. That can happen only if there is a robust debate even on issues which are before the court. Both the judiciary and the media are the foundational pillars of democracy which is a basic feature of our Constitution. For a liberal democracy to thrive, both must supplement each other. (Para 31)
Contempt of Courts Act 1971 - If a member of the public or a litigant or for that matter even the media tries to scandalize the court by making sweeping unfounded allegations against the court or the Judge(s) or by imputing motives against the Judge or Judges who had passed a judicial order or had conducted the court proceedings, certainly the courts would be justified to initiate criminal contempt proceedings against such contemnors. This would also be a ground to direct postponement of publication as contempt of court is a reasonable restriction enumerated under Article 19(2) on the freedom of speech and expression under Article 19(1)(a). (Para 28)
