ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846
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Supreme Court and Postponement Orders

Acting Out of Turn

The recent judgment of the Supreme Court of India, creating a new remedy of postponement orders to balance the freedom of press and the right to a fair trial, has once again raised grave concerns about overreach by the judiciary. This article argues that the creation of such a remedy in this case was beyond the legitimacy and competence of the Court. Further, the conceptualisation of the postponement order as a means to balance the two rights is fl awed. Despite certain safeguards, it marks the beginning of a dangerous discourse to stifl e free speech and will prove ineffi cacious in securing the fair administration of justice.

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