The Rule of Sub Judice & Freedom of Speech and Expression: Scope and Restrictions

The purpose of the rule of Sub Judice is to prohibit interference in the administration of justice since disclosure could have an adversarial effect on the case. With the passage of time, the Parliament's interpretation of the rule has become less rigid. It is important to note that, other from contempt of court, there are no other restrictions that can be imposed on the freedom of speech and expression in relation to the matter(s) under consideration. It should be noted that merely expressing opinions on a matter under consideration will not be considered contempt of court, but caution should always be exercised not to scandalise the court or impute motives to the judges for any judicial act, or with the intent to influence the court or public perception in such a way as to jeopardise the 'Presumption of Innocence,' which is the fundamental principle of criminal law.