Case 18 of 30 in Law Easy's Media Law series. Sahara India Real Estate Corporation v. Securities and Exchange Board of India, Supreme Court of India, decided 2012.
FACTS
During a Supreme Court dispute about refunds to investors, Sahara's lawyer sent a confidential proposal to the market regulator's lawyer, and a television channel broadcast its details before the next hearing. Sahara asked the Court to frame guidelines for media reporting of pending cases.
WHAT THE COURT HELD
A Constitution Bench led by Chief Justice S. H. Kapadia refused to frame general guidelines but developed postponement orders. A court may order the media to postpone reporting for a limited time only where there is a real and substantial risk of prejudice to a fair trial, the order is necessary and proportionate, and other measures cannot prevent the risk. Such orders are reasonable restrictions under Article 19(2).
EXAM POINT
A postponement order is a neutralising device, not a punishment, and it must not alter the content of the report.
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