More on the SC guidelines for reporting from the court. The apex court today undertook the the exercise of framing the guidelines after receiving complaints of breach of confidentiality during the hearing of a dispute between Sahara Group and market regulator SEBI.

The issue of breach of confidentiality came up when certain documents regarding the dispute between Sahara and SEBI were leaked to the media.

However, once the hearing had started from March 27, the court had expanded its ambit and gave opportunity to others who in the recent past had felt aggrieved due to the publication and broadcast of sub-judice matters.

The constitution bench relied on a catena of judgements from foreign countries like United States of America, England, Canada, Germany, Australia and New Zealand along with the judgements of Indian courts to arrive at a conclusion that:

-- Postponement of publication of court proceedings in certain cases was necessary to strengthen the balance between free speech and fair trial for proper administration of justice.

-- It clarified that the order on postponement of publication of court proceedings has to be passed by the writ court subject to the twin test of necessity and proportionality.

-- The postponement of publication has to be for short duration without disturbing the essence of the proceeding.

-- The postponement of publication cannot be viewed as punitive measure

-- Such steps are necessary to protect the journalists from venturing into the contempt area.

The bench had reserved its judgement on May 3 after 17 days of hearing.