IMPORTANT POINT
The dignity of the courts and the people’s faith in administration must not be tarnished because of biased and unverified reporting. In order to avoid such biased reporting, one must be careful to verify the facts and do some research on the subject being reported before a publication is brought out.

Headnote:Contempt of Courts Act- Tarnishing of image of then Chief Justice of Allahabad High Court by the reporting by a newspaper which was apparently based on surmises and conjectures and not based on facts and figures- Initiation of contempt proceedings against said newspaper- The dignity of the courts and the people’s faith in administration must not be tarnished because of biased and unverified reporting- In order to avoid such biased reporting, one must be careful to verify the facts and do some research on the subject being reported before a publication is brought out- Persons against whom contempt proceedings were initiated for a wrong and incorrect reporting about the then Chief Justice understood their mistake and expressed their repentance through their advocate and also themselves by filing an unqualified apology for the wrong done- Said unqualified apology was accepted and proceedings were dropped-Direction given for closure of proceedings initiated against appellants under the Contempt of Courts Act by keeping the affidavit filed by the appellants on record with a direction to appellants to publish the apology as stated in the affidavit in the first page of Lucknow edition of Hindustan Times to be published on 01.09.2011 - Appeal disposed off (Paras 10 to 15)
       Facts of the Case :
        Image of then Chief Justice of Allahabad High Court was tarnished herein in the instant case by the reporting by a newspaper which was apparently based on surmises and conjectures and not based on facts and figures. Contempt proceedings were initiated against appellants.
       Findings of the Court :
        The Court held that dignity of the courts and the people’s faith in administration must not be tarnished because of biased and unverified reporting. In order to avoid such biased reporting, one must be careful to verify the facts and do some research on the subject being reported before a publication is brought out.Persons against whom contempt proceedings were initiated for a wrong and incorrect reporting about the then Chief Justice understood their mistake and expressed their repentance through their advocate and also themselves by filing an unqualified apology for the wrong done. Said unqualified apology was accepted and proceedings against them were dropped. Direction was given for closure of proceedings initiated against appellants under the Contempt of Courts Act by keeping the affidavit filed by the appellants on record with a direction to appellants to publish the apology as stated in the affidavit in the first page of Lucknow edition of Hindustan Times to be published on 01.09.2011 . Appeal was disposed off.

ORDER

1. Leave granted.

2. This appeal is directed against the order dated 04.04.2011 passed by the Allahabad High Court.

3. The appellants being aggrieved by the aforesaid order had filed this appeal on which we issued notice. On service of the notice, the respondent has also entered appearance through counsel.

4. We have heard the counsel appearing for the parties. The appellants have now filed an affidavit which is on record tendering unqualified apology for the publication of article in question in Hindustan Times on 20.09.2010 out of which contempt proceedings arise.

5. The media, be it electronic or print media, is generally called the fourth pillar of democracy. The media, in all its forms, whether electronic or print, discharges a very onerous duty of keeping the people knowledgeable and informed.

6. The impact of media is far-reaching as it reaches not only the people physically but also influences them mentally. It creates opinions, broadcasts different points of view, brings to the fore wrongs and lapses of the Government and all other governing bodies and is an important tool in restraining corruption and other ill-effects of society. The media ensures that the individual actively participates in the decision-making process. The right to information is fundamental in encouraging the individual to be a part of the governing process. The enactment of the Right to Information Act is the most empowering step in this direction. The role of people in a democracy and that of active debate is essential for the functioning of a vibrant democracy.

7. With this immense power, comes the burden of responsibility. With the huge amount of information that they process, it is the responsibility of the media to ensure that they are not providing the public with information that is factually wrong, biased or simply unverified information. The right to freedom of speech is enshrined in Article 19(1)(a) of the Constitution. However, this right is restricted by Article 19(2) in the interest of the sovereignty and integrity of India, security of the State, public order, decency and morality and also Contempt of Courts Act and defamation.

8. The unbridled power of the media can become dangerous if check and balance is not inherent in it. The role of the media is to provide to the readers and the public in general with information and views tested and found as true and correct. This power must be carefully regulated and must reconcile with a person’s fundamental right to privacy. Any wrong or biased information that is put forth can potentially damage the otherwise clean and good reputation of the person or institution against whom something adverse is reported. Pre-judging the issues and rushing to conclusions must be avoided.

9. This is exactly what has happened in the present case. The then Chief Justice of the Allahabad High Court who has otherwise proved himself to be a competent and good Judge wherever he was posted during his career was brought under a cloud by the reporting which is the subject matter of this petition. His image was sought to be tarnished by a newspaper report which was apparently based on surmises and conjectures and not based on facts and figures. The dignity of the courts and the people’s faith in administration must not be tarnished because of biased and unverified reporting. In order to avoid such biased reporting, one must be careful to verify the facts and do some research on the subject being reported before a publication is brought out.

10. We are glad that the persons against whom contempt proceedings were initiated for a wrong and incorrect reporting about the then Chief Justice as aforesaid have understood their mistake and have expressed their repentance through their advocate and also themselves by filing an unqualified apology before us for the wrong done.

11. On going through the impugned order also we find that apology tendered before the Allahabad High Court was not accepted only because

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