M I M A M S H A

The Advocate and the Press: A Fair Role

Na Rajyam Na Rajaseet Na Dandayo Na cha Dandikah
Dharmenaiva Prajassarva Rakshanti Sma Parasparam


Origin
Initially there were no kings, no kingdom, no prosecutor and no punishment, because of the fact that the society was solely regulated and protected by each other by abiding within the pious rule of self-dharma. There is no universal definition of self- dharma because the word itself began with the term –“self” which in general means self-consciousness, but if we observe the pattern of Bhagwat Geeta, then it can be said that self-dharma stands for the inner answer of an individual  in which two thing basically emerges which are righteous duty and ethical conduct which also make change in behavior and keeps social order with or without others. 
But when people started straying from their natural sense of duty—when they ignored their own values and hurt others through their actions—society became unbalanced, trust frayed, and people felt wronged. To mend that broken trust and protect the community, societies realized they needed shared rules, boundaries, and fair consequences. These weren’t just about punishment; they were a way to heal, to remind everyone that our choices ripple outward, and that accountability keeps harmony alive. 
He who violated the code of self-dharma, hurt the feelings and sentiments of society deserved punishment.  Therein came the theory of punishment came into existence, which was to be made public through the contemporary birth of media like beating of drums etc.  
Maharshi Narad was the pioneer press reporter in the ancient ages according to Hindu mythology Since then the development took place in the information media to the present day like Indian reporter Doordarshan, All India Radio, Newspaper/Magazines and Nepalese Reporters like Ratopati , Kantipur , Setopati and other all media etc. 

Press media and dissemination of news to public:
On the Theory of Punishment, dress and robes used in judiciary, the myth is that this noble profession of advocacy and the judiciary has been inherited from British period but the virtual fact and real truth is otherwise. It is Maharishi Manu in India who initially had decided and designed the robes of black colour for lawyers, judges and the king, who were the administrators of justice in society whose job it is to punish the accused while rescuing the innocent. Thereafter the entire world has inherited black robes in legal profession from India. 
"Yatra Shyamo Lahitakshyoo, Dandsh Chariti Papaha, Prajashtatra, Ha Muhyanti, Neta Chetsadhu Pashyati" -25th Sloka 7th Chapter Manusmiriti
The Manusmriti 25th Sloka, 7th Chapter it is written that “In a country where the punishment (justice), which has black-colour and red eyes, the eliminator of sin, prevails and reigns, there the subject does not revolt, provided the administrator or the king of that country is justice loving and fairly look after the welfare of public.”

Utilization of press media by Advocates and misuse of press media by reporters:
Advocates have been raising public important issues before the Courts, which require dissemination of news to reach the public through press media.  In the absence of press media any achievement and development would be like, dancing of a Peacock in a jungle, unseen by any one in society. So, the necessity of press media was felt to discharge its role fairly and fearlessly in court proceedings, so that the public at large gets to know its rights. 
But unfortunately, court proceedings conducted by only few lawyers are reported by name and other lawyer's cause even in important cases is ignored by certain press eporters with the reason best known to them. Such arbitrary reporting be deplored, and such erring reporter be derecognized from accreditation who brings bad name to the sanctity of fair reporting by media.
A glaring example is given of such a deplorable and arbitrary reporting by press media accredited to Indian Supreme Court reporting viz., Pt. Paramanand Katara vs. Union of India and Others 1, wherein the Supreme Court has delivered a landmark judgment for providing instant medical aid to an injured person in MLC2  cases, before completing police formalities. The case was willfully ignored by accredited press media except Doordarshan (Indian News Media) in spite of advance information for judgment. Next day the news did not appear in any national daily of India. 
So, it was only on the third day under compulsion the news came in national dailies of India, due to its landmark importance, could not be ignored because facts matter, and they’re part of the public record. A reporter’s job isn’t to push personal biases or settle scores—it’s to serve the truth. When journalism prioritizes grudges or ego over the public good, it betrays the trust we all rely on. The spotlight should stay on what’s fair, factual, and truly serves everyone. 
In Nepal, when the Patan High Court ruled that police can’t just snatch car keys during traffic stops—calling it illegal and a violation of people’s basic rights—it was Gorkhapatra, the country’s oldest newspaper, that first brought this story to light. Before their report, the issue had slipped under the radar, ignored by others. This wasn’t just news; it was a reminder of how journalism, when done right, holds power to account and defends what’s fair.        
     
Beat allocation of legal accredited correspondents in Court proceedings:
No press reporter be allocated permanent beat as legal correspondent. The maximum tenure of such a legal reporter should not exceed more than one year and the equal opportunity be given to all other legal correspondents, who do not get this chance throughout their life without their godfather in press media. A legal correspondent, who acquires a permanent status in court proceedings, does not care for anybody and picks and chooses in arbitrary manner in reporting the cases and sometimes make a gross misuse of his post and power. He fears from the Court because of contempt of court but does not fear with bar and throws even the best news into dust bin without even fully looking it into it. The illegal practice of the press media should be discouraged and deplored.

Fair reporting:
"When beggers die, no comets are seen, Heaven themself blaze forth the death of Princess”. should not be the way of reporting of the press media. The personality of a legal giant appearing in a case should not be the criteria for reporting, but the achievement even by a most junior member of the bar, be highlighted through press media. 

Duty of press media:
Being the fourth pillar of the nation, its primary responsibility is to support the cause of justice by extending its supporting hand in the administration of justice to the bench and the bar. When the fact of a news comes to the attention of the press, it is the duty of the press to report it. If any person sends a press release on a letter pad with signed and stamped the news to the accredited reporters, the accredited reporters suppress the news, the press must report the news straight — without letting reporters' personal biases or power trips get in the way. No one should withhold or twist stories to serve their own agenda. The public deserves the facts, not someone’s ego or threats. The press media owes a pious duty towards the public, Bench and the bar to put the things as crystal clear before the public without fear and favor within the prescribed limits. 

Conclusion 
The press, as the fourth pillar, must transcend ego and bias. Ancient sages like Parashara, who halted his vengeful yagna upon realizing collective responsibility, offer a metaphor: media must balance truth-telling with empathy. Similarly, the Mantra Pushpam’s emphasis on cosmic interdependence reminds us that every story shape societal harmony. The press is not merely a messenger but a guardian of democracy. From Nepal’s Gorkhapatra exposing police overreach to India’s ignored Supreme Court rulings, journalism’s highest calling is to illuminate truth—fairly and fearlessly. As the Manusmriti warns, justice falters when administrators grow complacent. Likewise, media must reject sensationalism, champion underrepresented voices, and uphold its "pious duty" to the public





    
 

About the Authors

Bivek Chaudhary

Bivek Chaudhary

Chaudhary is a B.A.LL.B student at Nepal Law Campus (2078 Batch) with an interest in Constitutional Law, Cyber Law, Human Rights, and Criminal Justice. Aspires to contribute to the legal field in Nepal.

View all posts by Bivek Chaudhary

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