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First Edition of Ram Jethmalani Memorial Lecture Series to begin shorty.

Theme of today's lecture is 'Pros & Cons of Trial by Media'.

#RamJethmalaniLectureSeries

@JethmalaniM @RJMLecture

Speakers for the evening are Senior Advocates Kapil Sibal, Harish Salve, Abhishek Manu Singhvi and C Aryama Sundaram.

@KapilSibal @DrAMSinghvi @RJMLecture

The event will also see the presence of Supreme Court Judge Justice NV Ramana, former Attorney General Soli Sorabjee, Attorney General KK Venugopal, Union Law Minister Ravi Shankar Prasad, Solicitor General Tushar Mehta and Senior Advocate Fail Nariman.

@rsprasad @RJMLecture

Lecture to begin soon.

@JethmalaniM @RJMLecture

Event begins.

Kartikeya Sharma, Founder, iTV Network begins the introductory address, sheds light on the importance of the theme of the lecture.

@RJMLecture

Senior Advocate Mahesh Jethmalani begins his address.

The objective behind the series is to present the most informed opinion on a burning issue of the day: @JethmalaniM

The past few weeks had stirred a storm around the death of Bollywood actor, Sushant Singh Rajput. Parallel investigation by media in full public glare. Where is the line to drawn : @JethmalaniM

Senior Adv Mahesh Jethmalani welcomes the speakers and the distinguished participants.

It would not be out of place.. that on both privately and social media, people wished me well for organizing the lecture and having such a panel: @JethmalaniM

They accepted my invitation without hesitation. Wherever he (Senior Adv Ram Jethmalani) is, he would be beaming with a glass of you know what in hand: @JethmalaniM

Union Law Minister, Ravi Shankar Prasad begins his address.

@rsprasad fondly remembers Late Senior Advocate Ram Jethmalani.

He was a powerful speaker in Hindi as well.. Fali to Soli will talk about him in legal sphere. His persona in public sphere was no less : Prasad

I say nothing on the topic. The investigation should be fair and also the expectation of people: Prasad

People of India also have a stake in the investigation. A balance has to be struck: @rsprasad

Justice NV Ramana, Supreme Court Judge begins his address.

I was associated with Mr Ram Jethmalani for many years: Justice Ramana

@RJMLecture

I used to assist him in a number of cases: Justice Ramana

I had close intimacy with his family.. we would discuss a number of things and not only law: Justice Ramana

As a sitting Judge, it not proper for me to say anything about the issues that are going to be discussed: Justice Ramana

I must congratulate Mahesh Jethmalani for the lecture series in Ram Jethmalani's memory. The young generation can get inspired for his achievements and ideology: Justice Ramana

@RJMLecture

KK Venugopal, Attorney General begins his address.

Whenever I think of Ram Jethmalani, I think of a warrior.. he was brave and fearless. He was the greatest criminal lawyer this country has ever seen: Venugopal

When I told him he was the greatest criminal lawyer in the country, he said why just criminal law: Venugopal

Venugopal speaks fondly of his fearless stance during Emergency in the India.

He was a very old friend of mine: Venugopal recollects his relationship with Ram Jethmalani.

Throughout his career as a parliamentarian, he condemned corruption: Venugopal

His contribution to law and politics would be remembered for a long time: Venugopal

Tushar Mehta, Solicitor General begins his address.

@RJMLecture

Some times I assisted him, some times I opposed him. His name, Ram, became an adjective. What a befitting tribute by a great son to a great father. This subject was very dear to Ram's heart- Media Trial: Mehta

@RJMLecture

Why I admire him the most was because there was no mystery surrounding his life. He lived an apologetic life. He had his own script, in his own language and lived on his own terms : Mehta

#RamJethmalani

Ram came before us the way he was, without any pretentiousness. He had his own value system. The legal fraternity has done him injustice by calling him a great criminal lawyer. He was a great constitutional lawyer: Mehta

He cannot be called a mere criminal lawyer. As a parliamentarian, counsel, human being, citizen, he was a magnet of controversy. But mostly, he earned remembrance. I am here in the capacity of a fan: Mehta

Ram never dies. Legacy of Ram will go on and on ..: Mehta

Senior Advocate Fali S Nariman begins his address.

He had an unstoppable practice of nearly 70-80 years: Nariman traces Ram Jethmalani's life which began in pre-independence India.

Ram left a very high benchmark of professional excellence..it must be confessed, Jethmalani was a controversial person. But he never went into oblivion: Nariman

He was an incurable maverick. He possessed brains of high quality: Nariman

I ask if Ram be remembered as a brilliant lawyer, a successful parliamentarian or a quarrelsome public figure. I know he had a difference in the life of several young people. He was teaching in Pune: Nariman

He was a man who wanted to be remembered as a teacher: Nariman

About his temperament, the less said the better: Nariman

He was cast in a different mould. He had the 4 o'clock in the morning courage: Nariman

Nariman speaks on the detention order issued against Ram Jethmalani during the Emergency.

Friends filed anticipatory bail for him before Bombay High Court and more than 200 lawyers put their names to argue for him: Nariman

Ram Jethmalani became a phenomenon. An achor once said, he was the last person chasing lost causes: Nariman

12th day of September will be the Ram Jethmalani Day: Nariman

Soli Sorabjee, Former Attorney General begins his address.

@RJMLecture

Sorabjee fondly remembers his relationship with Ram Jethmalani.

I was very sorry to hear about his illness before he passed away. I wanted to meet him : Sorabjee.

Kapil Sibal: All communications medium have the potential that is beneficial and liable to misuse… but the contours of that use must be defined.. there is always a Lakshman Rekha to be drawn.

@KapilSibal

@KapilSibal : The media is an indispensable tool to ensure the detection of crime, to expose protection of criminals by the rich and powerful, unearth facts and bring it to the public domain, bring pressure so that investigation is commenced etc.

@KapilSibal : At the stage investigation/ discovery of facts, the media should have a free hand - but limited to discovery only. Opinions are a matter relating to assimilation of facts leading to prima facie inferences and later conclusions.

@KapilSibal : The media has done yeoman's service in many cases.

Sibal recalls the role of the media in the Priyadarshini Matoo case, the Jessica Lal, the Nitish Katara case, the Nirbhaya cases etc.

@KapilSibal : The problem is now that the media looks at the discovery of facts to gain TRPs

They care less about credibility of source. They instead try to sensationalise the event even it takes (the form of) distortion of facts.

@KapilSibal : The fact of the matter is that the media can make a hero turn into a villain.

Harish Salve: Reputations in India don't matter. Privacy is a virtue we scorn. We jump into people's personal lives, we call people names, all in the name of transparency.

This system has to be contained if India has to become a serious republic.

See the measured response in other countries. See how the BBC covers important cases... In India, no one is willing to have a hard look at the system: Salve

What happened to Justice Krishna Iyer's saying of 'first bail not jail'? : Salve, while referring to how there is a "clamour" for the arrest of a person once accused in sensational cases.

Salve: If you want to add a further element which distorts and completely damaged the rule of law in India it is Court-monitored investigations.

When Court orders an investigation today, the investigation agencies think it is their moral duty to find that a crime has been committed and that the person against whom the media has made allegations is the criminal. If they don't do that they (think) they have failed: Salve

Salve: Look at what happened in the #2G case. The chairman of a large group of companies (Sunil Mittal) treated like a common criminal.

And for what? What are the allegations - they say he attended the telecom secretary's daughter's marriage.

And the media also picked it up and said "Nailed him": Salve.

He recounts that the Supreme Court later quashed the summons against Sunil Mittal

Salve: Social media has put the power of publication in the hands of everybody who has an opinion and who has a bias.

Salve: People say whatever they want to whomever they want about whatever, which then gets picked up on electronic media - anything written on whatsapp is presumed to be gospel unless proved to be false.

Anything heard on TV is again proved to be gospel unless proved to be false

Salve: This atmosphere today is not conducive to the Rule of Law, it is the single biggest impediment in India's growth story.

Salve: This has become one of the biggest negatives about Indian democracy.

Referring to the "latest investigation in Mumbai" which Salve says he does not want to comment further:

"It would scare anybody who has practised law, who is familiar with how criminal justice was and who is concerned about how the criminal justice system should be."

Salve says that he is not favour of Government fixing the problem:

"Anything worse than a reckless media is a Government tamed media... I don't believe that the Ministry of Information and Broadcasting has any business interfering in content", Salve says.

If Government is allowed to control the media, Salve opines that we would be laying "the edifice of a worse tyranny than an uncontrolled media."

The media has to be controlled by the courts, which must lay down the Lakshman Rekha which must not be transgressed: Salve

Salve on media channels that start running "opinions" on matters before Courts: This is the biggest threat.

Salve: Today, if somebody is granted bail or refused bail/ convicted/acquitted and we have public movement.. lawyers know what kind of hydraulic pressure this would have on the judge conducting the trial.

This would be the worst distortion of the rule of law. This is something the Courts would have to come in and say something, Salve opines as he concludes his talk.

@DrAMSinghvi remembers Ram Jethmalani: He was truly a fearless person and also a fearsome person

@DrAMSinghvi : When you (Media) claim the exalted status of the fourth pillar of democracy, then you have to be prepared to face the slings and arrows of scrutiny, just as much and more as the other three pillars.

@DrAMSinghvi : The media has done fantastic work in investigation, newsgathering etc. and nobody who believes even remotely in democracy wishes to curtail that.

The aberrations, which I think are getting bigger, are still, fortunately, an exception.

@DrAMSinghvi : I would still say that Indian news has plummeted in the wrong direction of the equation between sense and sensationalism, news and noise, between civility and chaos and between balance and extremism.

@DrAMSinghvi : Terrorism is a global scourge.

But the time may not be far off when we may need to invent a new offence of verbal terrorism, visual extremism and content fundamentalism.

I can derive all three from showing actual clips of the media.

@DrAMSinghvi refers to the "toxic triangle" of "viewership, ratings and revenue."

If you add to this doses of politics, glamour, insidious govt control, premeditated and motivated stance, ambitious anchors and a public baying for blood - it becomes a heavy cocktail which would make the manufacturers of whiskey, vodka and rum blush - even Ram blush: Singhvi

So many anchors and so many journalists - I caveat this by adding this it is still the exception and not the norm - so many have mortgaged their calling, their training, their consciences to the lure of temporary wealth, power and property: @DrAMSinghvi

C Aryama Sundaram speaks of the various eras observed with it comes to media reporting, on how media reporting has evolved over time.

Sundaram: Today, there no such thing as "sub judice" (restrictions when it comes to media reporting on pending cases) in this country... Rather than be an imparter of knowledge, it (media) has become creator of public opinion.

Sundaram: In certain cases, whether we like to say it or not, it has become a crusade like a person with a zeal in the case of a mob lynching.

Sundaram: Instead of letting the guilty get away in 9/10 cases just to save the innocent person in one case, today the media wants to say 'let 9 innocent men be hanged, but don't let that guilty man get away'.

Sundaram remarks he wants to play the 'devil's advocate' as he goes on to remark: Who is responsible for this (state of the media)?

If you had the 1st, 2nd and 3rd estate behaving properly, the 4th estate (media) will not be able to convert public opinion: Sundaram

Sundaram: There is an institutional failure in India.

How is the media so involved in the investigative progress? Why? Because people have lost faith in the police. People believe the police is corrupt. The public perception is that the rich can buy himself out.

Sundaram: Since there is a lack of faith, the media finds that there is a beautiful path to enter and to take over even at that stage.

Sundaram: There is a public perception that corruption has come into the judicial system.

There is no doubt that there are extreme delays in justice or that people who are brought to book will take about 20 years to be convicted: Sundaram

This is why instead of bail being the exception, it has become the rule. In many cases the only punishment is being jailed in the first instance: Sundaram

Sundaram: The media has been given the opportunity to channelise the thinking (of the public) because the citizen doesn't have anywhere else to look.

Sundaram: Improve the faith among the people (in other institutions), so that the people would be in the best position to turn around and say "What is this channel saying? What non-sense? How can they say this? The police have done their job."

Sundaram: Whether we accept it or not, the media has become a public court. It is a fact that the media has started portraying itself as a court of public opinion.

Sundaram: It is also a fact that the media has made itself to be a decision-maker of what public opinion ought to be.

Sundaram: The media is doing that because the public has lost faith in looking anywhere else.

Sundaram: The media is a watchdog of public opinion and interest- that is wonderful.

But let the media not become a guard dog for the blind, and let us improve the other institutions so that the media does not do so.

Fali Nariman: It occurred to me now that perhaps we were too brash in abolishing the jury system.

Because it is the jury which represents the people in a criminal trial. We are talking about criminal, not civil, trial.

Fali Nariman: We have to seriously think about whether we should have a panel - not a jury perhaps - (but a) a panel who are disinterested and who would give their verdict.

Nariman: Because you can't prevent the public from forming an opinion.

I don't think we are in a position to prevent the media from expressing their opinion either. So we have to have some sort of an intellectual panel which will form a considered and thought-provoking opinion.

Solicitor General Tushar Mehta asked if he would like to have a "quick last word"

Tushar Mehta: No, Mr Nariman must always have a last word.

Virtual Lecture has ended.

"Pros and Cons of Media Trial": Senior Advocates weigh in during Ram Jethmalani Memorial Lecture

@RJMLecture @DrAMSinghvi @KapilSibal #RamJethmalaniMemorial #mediatrial
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