New Delhi, Mar 15, 2018 : Chief Justice of India Dipak Misra on Thursday reminded journalists that they cannot write as per their imagination and deliver sermons like the "Pope sitting in a pulpit".
Justice Misra, who is presiding over a bench comprising Justices A M Khanwilkar and D Y Chandrachud, came down heavily, particularly on electronic media and news websites, saying what they wrote amounted to sheer contempt of court.
"What we are trying to say is whatever comes to your mind, you can’t write. You feel the other person does not have any right... the question of gagging the media never arises. I have myself rebuffed all attempts to gag media, but we do expect media, particularly electronic media, to be more responsible. They cannot publish anything just because they have a website," he said.
"You cannot reproduce anything that comes to your heart and mind, there has to be some basis. You cannot construct, create, nurture and construe anything. That’s not journalistic culture," he added.
Justice Misra’s observations came on a plea by Rohini Singh and others, challenging the Gujarat High Court judgement which refused to stay the defamation proceedings initiated on a complaint filed by Jay Shah, son of BJP president Amit Shah, for publishing an article on news website ’The Wire’.
The bench admitted the petition for consideration and hoped the trial court may not proceed with the matter till the next date of hearing, April 12, before the top court.
The court asked advocate Aishwarya Bhati, representing Shah, to file a response within two weeks. It gave a week’s time thereafter to the reporters and editor of The Wire to file their rejoinder.
Senior advocates Kapil Sibal, A M Singhvi and Raju Ramachandran, representing the petitioners, contended the founding editors and ombudsman have been issued process in the case as the article was published on the basis of information available in the public domain.
"Can journalism be throttled like this in a democracy? Are we not supposed to ask questions?" Sibal asked.
Senior advocate Neeraj Kishan Kaul, representing Shah, countered him, saying the question is how the facts were twisted to make innuendos against the BJP president and the prime minister.
"It was irresponsible reporting as part of a design to concoct and manufacture a story. They gave a misleading picture. Freedom of the press does not entitle to tarnish the reputation of anyone," he said, maintaining the editors are responsible for any publication.
courtesy:DHNS