Shyla (Student) 28 September 2008

Question

Hi folks!!!!!!!!!!!!!!

Long time yeah!

Wts the meaning of Sub Judice?

With regards,

Shyla.

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6 Replies

Sharad (Lawyer) 28 September 2008

Hello,

Subjudice means the case is currently under trial or being considered by a court.

Thanks

Sharad

Shyla (Student) 28 September 2008

Thank u a tonn!

shyla.

SHEKHAR MISHRA (public servant) 29 September 2008

Sub- judice means the case is pending before a court of law.

N.K.Assumi (Advocate) 29 September 2008

Sharad has stated.

Shree. ( Advocate.) 29 September 2008

Welcome back Shyla,

Sub- judice means, Before the judge, or court; not yet decided; under judicial consideration

K.C.Suresh (Advocate) 30 September 2008

Dear Shyla,

In law, sub judice, Latin for "under judgment," means that a particular case or matter is currently under trial or being considered by a judge or court. The term may be used synonymously with "the present case" or "the case at bar" by some lawyers.

In England and Wales, New Zealand, Australia, India and Canada it is generally considered inappropriate to comment publicly on cases sub judice, which can be an offence in itself, leading to contempt of court proceedings. This is particularly true in criminal cases, where publicly discussing cases sub judice may constitute interference with due process.

In the United States, there are First Amendment concerns about stifling the right of free speech which prevent such tight restrictions on comments sub judice. However, State Rules of Professional Conduct governing attorneys often place restrictions on the out-of-court statements an attorney may make regarding an ongoing case. Furthermore, there are still protections for criminal defendants and those convicted in an atmosphere of a circus have had their convictions overturned for a fairer trial.

The Supreme Court of India in Auarushi Murder case asked the media to be "more responsible" in reporting sub-judice matters, whose coverage has caused a damage to the reputation of the victim's family. The apex court, which emphasised the need for laying down general guidelines for reporting the sub-judice matter, expressed its anguish over the reporting in the Noida double murder involving Aarushi and her domestic help Hemraj.

"We are not worried about ourselves. We have sufficiently broad shoulder but we are concerned about the reputation of people as was in Dr (Rajesh) Talwar's case," a Bench of Justices Altamas Kabir and Markandey Katju observed.

"Media has to be more responsible. They must not do anything by which investigation is prejudiced against the accused", the Bench said while issuing notices to the Centre, UP Government and Press Council of India (PCI) seeking their response on framing guidelines for reporting sub-judice matters.

The remarks from the Bench came when an advocate in the matter submitted that after last order of July 22 media has observed restraint in reporting the Aarushi murder case in which her father Dr Rajesh Talwar was kept in jail for 50 days before being declared innocent by the CBI. The Court was hearing a PIL filed by advocate Surat Singh seeking a series of directions to protect the reputation of the Aarushi Talwar's family. It said caution in reporting such cases was required as "it is not only the reputation of a person but a person is held guilty before the trial in the case takes place".

I hope you are enlightened and clear about sub-judice.