Sarosh Homa Kapadia

In today’s edition of Mint: On the morning of 10 August 2011, senior lawyer Harish Salve looked upset as he entered Chief Justice of India (CJI) S.H. Kapadia’s courtroom, holding a newspaper that had published an article on a case he was arguing in the Supreme Court.

The Supreme Court was bluntly told on Thursday by senior counsel Rajeev Dhavan that it did not have the power to legislate and curb the press from reporting on court cases. Dhavan appeared on behalf of the Editors Guild, Foundation of Media Professionals and some individual journalists and argued that “internal mechanisms" of the media could resolve the concerns.

Day two of chief justice SH Kapadia’s constitutional bench hearing of the matter of press freedoms and individual rights saw the debate centered on the introduction of a “test of postponement” which will empower a judge in a criminal trial to prevent its publication if there is an apprehension of prejudice to the accused or any witness.

The Supreme Court’s special constitutional court of five judges headed by Chief Justice of India (CJI) Sarosh Homa Kapadia descended into mixed messages and arguments yesterday as it sat for the first day to decide on new guidelines to regulate reporting of court cases by the media.