Balancing investigatory transparency with the fundamental right to a fair trial
The imperative to regulate media interactions by the police is anchored in the constitutional necessity to preserve the integrity of the criminal justice system and protect the accused’s right to a fair trial under Article 21 of the Constitution of India. Pre-trial disclosures, leaks of untested evidentiary material, and orchestrated press conferences frequently precipitate parallel media trials that poison public perception and compromise judicial neutrality. While public awareness and the freedom of the press are legitimate democratic interests, they cannot supersede the cardinal due process rights guaranteed to an accused person. A standardized media briefing policy is essential to demarcate what information can be legitimately disclosed to the public without compromising ongoing investigations, divulging sensitive witness identities, or predetermining the guilt of suspects before a competent court of law. (Peoples Union for Civil Liberties & Anr. Vs The State of Maharashtra & Ors. | 2026 INSC 45)