Media Forgets That A Person is Innocent Until Proven Guilty: Senior Advocate Geeta Luthra

The Parallel Trial 

Ms Geeta Luthra started the dialogue highlighting the fact that parallel media trial is in vogue. She recounted instances of media trials from the Arushi case to the ongoing Sushant Singh Rajput case. While parallel trials bring some good and bad aspects, she raised a pertinent question on where should media draw the fine line?

Ms Luthra pointed out that media pervasiveness will not stop even if we shift cases from Bombay to Delhi in today's era of social media.

"In today's age of social media, a person is being prejudged even before he is convicted", she said. 

She brought everyone's attention to the observations of the 200th law commission report on preventing trial media trial. The said report had suggested that media should restrain itself after the charge in a particular case is framed.

Commenting on the recommendation of the law commission report, Ms Luthra said, 

"According to me, it is too little too late because, at the stage of charges, minds are already made up, you are already witnessing this in the Sushant Singh Rajput case" 

Ms Luthra reminds everyone of the golden mantra in criminal justice system

The veteran lawyer stressed on the fact that both victimology and the rights of the accused are important in the current times. She reiterated the golden mantra of the criminal justice system.

"There is a presumption of innocence unless the person is guilty and this is the golden mantra in the criminal justice system.

Ms. Luthra also emphasized the absence of law to compensate a person under media trial for even one day of imprisonment. How do you return the Liberty, freedom, and the mindset to a person who's been incarcerated? she questioned. She also remarked on the ineffectiveness of the Press Council of India to monitor the press.

Reforms for Media Houses 

On the question of reforms for media houses, the Senior Advocate mentioned that a media house should express its views fearlessly and without fear of reprisals. However, she stressed on the importance of responsible journalism in news reporting. She laid emphasis on making the media more accountable with the following words,

"The best way to bring accountability is that you have your own councils. The press council should have more powers and responsibilities. Just saying that we are telling everyone to apply restraint and then sit back is not going to help".  

"The media has to be self-restraint and our audiences have to become more aware. Also if they see news reporting just because the channel views match with their mind views, it doesn't mean that they should then add to that TRP". she added. 

She raised hope that a stronger sense of self-restraint may start after the Courts come down heavily on these media trial cases. She reminded everyone how media plays an integral role in educating us. Therefore, fair reporting becomes all the more important.

"Everyone looks at a newspaper or a media report every day to keep them updated. So the question is how fair is the reporting", said Ms Luthra 

Golden nuggets of wisdom for young achievers

The legal stalwart advised young lawyers to never forget that the legal profession is a service. 

She made her point emphatically by reminding us of the significance of the pocket behind an Advocate's gown. There was a time when lawyers would not lower themselves to ask clients for money. Clients were supposed to give whatever money they could afford and put it in the pocket on the backside of an Advocate's gown. Although Ms Luthra acknowledged the fact that the growth in the number of lawyers has made it a difficult reality to achieve but she reiterated that lawyers must never treat law as a business.

Ms Geeta Luthra also implored lawyers to imbibe integrity, diligence, passion and objectivity as important ingredients for a successful legal career.