Supreme Court: Public Has the Right to Discuss Even Ongoing Court Cases; Judiciary Should Be Open to Debate

In a significant ruling, the Supreme Court emphasized that courts must consistently remain receptive to scrutiny and public discussion. It clarified that even matters currently under judicial consideration can be subject to public and media commentary, reaffirming the foundational principles of free speech and judicial transparency.

The judgment came from a bench comprising Justices B.R. Gavai and Sandeep Mehta in the case of Ashok Pratap Singh v. Union of India & Ors. The Court underscored that public engagement in legal issues—even those that are sub judice—should not be discouraged, as it forms part of a healthy democratic discourse.

“It is essential that the functioning of the courts is not shrouded in secrecy. The judiciary must always be amenable to constructive criticism. Even ongoing proceedings are not exempt from public debate,” the bench observed.

The ruling stressed that unless discussions cross the line into contempt or clearly interfere with the administration of justice, the public and press must be free to deliberate on legal matters. Suppressing such discourse, the Court noted, could lead to a chilling effect on journalistic freedom and democratic dialogue.

This verdict marks a reaffirmation of the delicate balance between the right to a fair trial and the freedom of expression—placing a strong emphasis on the latter unless it obstructs justice.