When Institutions Falter, Media Trials Become Inevitable

Columnist M S Shanker, Orange News 9

The rise of aggressive media scrutiny in India is not an accident. It is a consequence. A direct consequence of institutional paralysis, delayed justice, selective investigations, and the growing public perception that powerful individuals often receive extraordinary legal protection while ordinary citizens languish in procedural darkness for years. In such an atmosphere, what critics dismiss as “media trial” increasingly becomes, for millions of frustrated citizens, the only visible mechanism of accountability.

That is precisely why Arnab Goswami today stands out as one of the most fearless and controversial faces in Indian journalism. One may remember the late R. K. Karanjia, whose Blitz once shook the political establishment with investigative journalism that many considered reckless, but which often exposed uncomfortable truths. In today’s era of hyper-politicised narratives and institutional opacity, Arnab Goswami has emerged as a similarly disruptive figure — loud, relentless, provocative, and unapologetically confrontational.

Interestingly, reports now suggest that the state may move the High Court seeking cancellation of anticipatory bail following the intense public scrutiny generated by Republic TV’s coverage. Whether that ultimately leads to custodial action will depend on the course of the investigation and judicial consideration. Republic TV has undoubtedly become an inspiration for many who still believe journalism must challenge entrenched power structures rather than merely coexist comfortably with them.

His coverage of the alleged Twisha murder case has reignited an uncomfortable but unavoidable debate: when institutions fail, does the media have a moral obligation to intervene aggressively?

The answer, uncomfortable as it may sound to legal purists, is increasingly yes.

India’s constitutional framework rests on three pillars — the Legislature, Executive, and Judiciary — with the media traditionally described as the “Fourth Estate.” The role of the Fourth Estate was never meant to be ceremonial. It exists precisely to question power, expose inconsistencies, and amplify issues that institutions appear unwilling or unable to address. When the Executive fails to investigate impartially, when the Legislature remains silent, and when judicial processes appear inaccessible, delayed, or selectively lenient, the media inevitably occupies the vacuum.

Critics argue that media trials undermine due process. That concern is legitimate. No television studio can replace a court of law. No anchor, however influential, can pronounce guilt. But there is another side to this debate that India’s intellectual elite often conveniently ignores: public scrutiny itself has historically forced movement in countless sensitive cases where authorities initially appeared indifferent or compromised.

Would several high-profile scams, custodial deaths, corruption cases, sexual assault investigations, or abuse-of-power controversies have received serious attention without sustained media pressure? The honest answer is no.

The outrage against “media trials” often becomes selective when the accused belong to powerful networks — political, judicial, bureaucratic, or corporate.

Debate With Arnab LIVE: Republic Investigates Twisha Death Case, Asks  Questions No One Dares To Ask - YouTube

In the Twisha case, the questions being raised are not entirely irrational or fabricated. They stem from visible inconsistencies, public suspicion, and allegations surrounding conduct after the death. Republic TV’s investigation, as publicly aired, has pointed toward CCTV footage, call records, timelines, and alleged contradictions that it argues deserve deeper scrutiny. These are matters investigators themselves are duty-bound to examine thoroughly.

The larger issue here is not whether an anchor is aggressive. The larger issue is why the public increasingly trusts aggressive journalism more than official processes.

That should worry the judiciary far more than Arnab Goswami’s decibel levels.

The perception — fair or unfair — that influential individuals receive extraordinary legal protection is steadily eroding public confidence. When anticipatory bail is granted swiftly in sensitive cases involving influential personalities, while ordinary citizens spend months or years navigating the legal maze, questions are bound to arise. Judicial discretion is constitutionally protected, yes. But judicial credibility ultimately rests not merely on legality, but also on public confidence in fairness and consistency.

The courts frequently caution the media against conducting parallel investigations. Ideally, that principle should prevail. But ideals collapse when public trust collapses. Respect for institutions cannot survive on constitutional theory alone; it must be reinforced through visible impartiality and timely justice.

Justice delayed is not merely justice denied anymore. In the digital age, justice delayed becomes credibility destroyed.

Technology has fundamentally altered the power equation. Today, CCTV footage, digital trails, metadata, call records, social media activity, geolocation data, and citizen journalism make concealment far more difficult than in earlier decades. Information no longer remains monopolised within state machinery. Investigative journalism has evolved because society itself has evolved.

That evolution explains why aggressive journalistic interventions increasingly resonate with the public.

Significantly, this phenomenon is not limited to national television channels alone. Independent digital platforms and regional publications too have increasingly stepped into investigative roles once monopolised by state agencies. The sustained exposure of alleged irregularities within the Hyderabad Cricket Association by Orangenews9, for instance, illustrates how persistent journalistic scrutiny can bring uncomfortable administrative questions into the public domain despite resistance from entrenched interests. Such interventions may unsettle powerful circles, but they also reinforce the democratic role of journalism as a watchdog institution when institutional accountability mechanisms appear inadequate.

The judiciary must introspect carefully before dismissing every aggressive media intervention as irresponsible sensationalism. The problem is not merely the media becoming louder. The problem is institutions appearing weaker, slower, and increasingly disconnected from public expectations.

None of this means the media is infallible. Media excesses are real. Sensationalism exists. Character assassination without evidence is dangerous. Ethical journalism demands restraint, verification, and respect for due process. But demanding restraint exclusively from the media while ignoring institutional inconsistencies amounts to addressing the symptom while ignoring the disease.

What India is witnessing today is not simply the rise of media trials. It is the rise of public impatience with institutional opacity.

And unless institutions restore confidence through swift, transparent, and visibly impartial functioning, journalists like Arnab Goswami will continue to find public resonance — not because people necessarily enjoy confrontation, but because they increasingly fear silence more than noise.Top of Form

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