Publication of judicial proceedings can be curtailed for ‘real & substantial risk’: SC

The Supreme Court of India ruled that publication of judicial proceedings can be postponed only for ‘short duraton’ and in cases of ‘real and substantial risk’ of prejudice to the proper administration of justice or to the fairness of trial respectively.
“……….the court may grant such preventive relief, on a balancing of the right to a fair trial and Article 19(1)(a) rights, bearing in mind the abovementioned principles of necessity and proportionality and keeping in mind that such orders of postponement should be for short duration and should be applied only in cases of real and substantial risk of prejudice to the proper administration of justice or to the fairness of trial. Such neutralizing device (balancing test) would not be an unreasonable restriction and on the contrary would fall within the proper constitutional framework”, the Court said.

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