The Fourth estate plays a vital role in the preservation of democracy and at times also helps in discovering truth and securing justice. This role of the media has been undisputed despite attempts by the judiciary to downplay and restrict the exercise of the right to free speech. In RK Anand’s case, the Court went at lengths to talk about ‘trial by media’ and the role of sting operations in our country and at the same time asked for some restrictions to be placed on the media when reporting Court room trials.
But in that case, the Court did not denounce sting operations all together. The judgment gives the impression that a sting is not objectionable if it is done in genuine public interest and carried out with care strictly following norms, thereby acknowledging that sting operations serve a public purpose to the society.
Keeping the above in light, the CBI a few days ago sought to chargesheet former Tehelka employee (now Cobrapost.com )Anirudh Bahal for the Cash- for- query scam in 2005. According to the prosecution, these media personnel played an important role in abetting the MPs to engage in corrupt practices and thus are to be charge sheeted. While the Court has exempted Mr. Bahal from a personal appearance, it has not quashed the chargesheet and asked to prosecution to respond to the same.
This move by the prosecution surely makes one rethink on the role of the media, particularly in sting operations. While the Supreme Court has not objected to this role, this latest move, if successful, will surely deter the media in engaging in sting operations and consequently hinder one of the modes of preserving a fair democracy and serving a public purpose to the society (in the Court’s words).
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