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2012 Supreme(Kar) 285

High Court of Karnataka
AJIT J GUNJAL & B.V. NAGARATHNA
Advocates Association Bangalore, rep. by its President K.N. Subba Reddy
Versus
Union of India, rep. by its Cabinet Secretary & Others
W.P.No.7623 of 2012 (GM-RES)
Decided on : 16-05-2012

Advocates appeared:
For the Petitioner:P.S. Rajagopal, Sr. Advocate, Ravi Verma Kumar, Sr. Advocate, B. Shyam Prasad, K. Shashikiran Shetty, Advocates.
For the Respondents:R. Vijay Shankar, AG, Chandramouli H.S., SPP, S. Kalyan Basavaraj, CGSC, C.J. Jadhav, R. Devadas, AGA, M/s Just, Law Advocates.

Headnote:CONSTITUTION OF INDIA - Article 19(1)(a)(2): [Ajit Gunjal & Mrs. B.V. Nagarathna, JJ] Broadcasting media - Dissemination of information by Media - Held, The freedom of speech and expression envisaged under Article 19(1)(a) of the Constitution is indeed guaranteed and extends to both Freedom of Press as well as to Broadcasting Media. The Constitutional Courts, and particularly, the Apex Court in India have always expanded the freedom envisaged under Article 19(1)(a) and have set at naught all decisions or orders which have tried to stifle the freedom guaranteed under the Article. Right from the commencement of the Constitution, freedom of the press has always been underscored by the Courts, which is one of the reasons for having a vibrant democracy in India. While freedom of speech and expression is a haloed right, which should always be cherished and upheld, at the same time, one cannot lose sight of reasonable restrictions under Article 19(2) of the Constitution. While there can be no two opinions that there has to be freedom guaranteed to the press as well as the broadcasting media in the context of Article 19(1)(a) yet, one cannot lose sight of Article 19(2), which strikes to achieve a balance. Therefore, the essence of Article 19(1)(a) read with Article 19(2) is to have a free and balanced press and broadcasting media.

        Therefore, there has to be compliance with professional ethics in the dissemination of information by the Media, particularly the Electronic Media without any bias, malice or bringing about a conflict in society.

        It is necessary to issue a direction to the Union of India, to consider the establishment of a mechanism to regulate Broadcasting Media, including television channels having regard to Article 19(1)(a) read with Article 19(2) of the Constitution. The concept of regulation of broadcasting media should not be understood to mean control by the Government or the powers that be. No doubt, self-regulation is the most ideal form of regulation. But having regard to the upsurge in innumerable broadcasting channels, some of which are in their nascent stage, self-regulation without the intervention of any legal framework is inefficacious. Therefore, regulation within a statutory framework is necessary. This is not to be understood as a mechanism to control the media from an outside authority. A statutory frame work is necessitated for regulation of the media by the media itself and not by an outside agency. In support of this view, reliance could be placed on the manner of regulation adopted by certain professionals such as, Advocates, Chartered Accountants, Doctors., whereby, within the framework of a statute, professional bodies such as, the Bar Council of India, Institute of Chartered Accountants and the Medical Council of India regulate professional standards and also bring to book erring persons. When it comes to the broadcasting industry, such a mechanism is conspicuous by its absence. No doubt, the News Broadcasting Standards Authority has been constituted as a self-regulatory body. But the directions if any, issued by such an Authority or the National Broadcasting Authority does not carry the legal sanctity, which is a pre-requisite for compliance in most cases of falling standards or professional transgression by media men/broadcasters.

Judgment :-

Per Ajit J. Gunjal J.,

1. An unsavory incident which took place on 2nd of March 2012 has resulted in a spate of writ petitions being filed before this Court seeking various reliefs including one for a direction to the State Government to entrust the Investigation to the Central Bureau of Investigation (for short ‘CBI’). Various reliefs were sought for in the said writ petitions including a direction to some of the respondents, who are electronic media houses to telecast the clippings and videos showing the assault on innocent lawyers and also a direction to the Union of India to initiate action against Media for telecasting/publishing false information in the electronic and print media against the Advocates and for host of other reliefs.

2. Before considering the factual matrix of the case, it is necessary to reflect a little on these spate of writ petitions, which are filed. Suffice it to note that the present writ petition was listed before the Court raising certain office objections, which were sought to be rectified during the course of the day. This Court directed notice to the respondents. The matter was thereafter re-listed on 14.03.2012 and fresh notices were directed to unserved respondents, returnable by 21.03.2012. Eventually when the matter was listed before the Court on 21.03.2012, Mr. Harsha, Senior Managers (Operations), Legal Department appearing for respondent No.7 was directed to make available the entire footage, unedited taken on 02.03.2012. All the respondents were similarly directed to make available for the perusal and viewing of Court, the entire footage, unedited, taken on 02.03.2012. It is noticed that all the respondents have filed the footage taken on 2nd March 2012.

3. During this interregnum, the respondent-State Government had appointed Mr. R.K. Dutta, DGP (CID) as the Enquiry officer to investigate into the unsavory incident, which took place on 2nd March 2012. A report was submitted on 19.03.2012 and in the said report a reference is made to the video recorded copy of the CD given by the Advocate’s Association as referred to in the said report. The said CD is also filed in the Court. Eventually, when the matter was listed on 10.04.2012, this Court was of the view that it is needlessly time consuming for the Court to refer to the several PILs that have been filed in appending and therefore, it would be advantageous to consolidate all the allegations as well as the parties in one single petition. That would obviate the need for the other PILs to remain on the Board. It would also not require attention to be diverted from one pleading to another.

4. Several writ petitions, which were filed, were disposed of by separate orders and all the averments made in those writ petitions were amalgamated and by way of amendment, an application was filed. This Court granted the said application and accordingly amended petition was filed. This Court, having regard to the amalgamation of the reliefs, reserved liberty to the petitioners, whose writ petitions were disposed of, to approach this Court, to revive the writ petitions if technicality or necessity so arises. That is how we are seized with a single writ petition, which is filed by the Advocates Association, Bangalore for various reliefs.

5. Holmes J., in Northern Security Co. V/s. United States, (1903) 193 US 197 said:

“Great cases like hard cases make bad law. For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment. These immediate interests exercise a kind of hydraulic pressure which makes what previously was clear seem doubtful, and before which even well settled principles of law will bend.”

With these prefatory words we may now proceed to state the facts of these writ petitions.

6. The factual matrix of the incident can be succinctly stated as under:

On 2nd March 2012,


































































































































































































































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