The Supreme Court today refused to frame guidelines across the board for reporting sub-judice matters. The apex court however laid down a constitutional principle under which aggrieved parties can seek postponement of publication of court hearings. A five-judge bench headed by Chief Justice S H Kapadia said that the freedom of speech and expression is not an absolute a right under the constitution and journalists should know the Lakshman Rekha so that they do not cross the limit of contempt. The court said that it was laying down the constitutional principle which will allow the aggrieved parties to seek from appropriate court the postponement of the publication of court hearings.
The bench said the concerned court will decide the question of postponement of reporting court proceedings on case-by-case basis. While propounding the doctrine of postponement of publication of court proceedings, the bench said it is a preventive measure and not a prohibitive and punitive measure.