(1.) These writ petitions raise an interesting question as regards the scope, content and extent of the right to freedom of speech and expression enuring to the media when they report facts about ongoing criminal investigations or the proceedings in cases pending adjudication before the various adjudicatory forums in the country. The writ petitions were initially considered by a Full Bench of this Court. However, by an order dtd. 24/5/2018, the Full Bench took the view that in the light of an earlier decision of another Full Bench of this Court in S. Sudin v. Union of India and Others - [2015 (2) KLT 296 (FB)], these matters needed to be referred to a Larger Bench of five Judges for consideration. It is thus, and pursuant to an order dtd. 2/9/2024 of the Hon'ble the Acting Chief Justice, that these matters are now before us.
(2.) The issue to be considered:
(3.) When these matters were taken up for hearing by us on 30/9/2024 and 1/10/2024, we heard the learned counsel for the petitioners and respondents in all the three writ petitions. We felt that in the light of the developments in our free speech jurisprudence in the years since 2017, and in view of the transparency in court proceedings ushered in through technological innovations such as video-conferencing and live streaming of court proceedings, the sole issue that now remains to be considered in these proceedings can be framed as under:
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