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2020 Supreme(Mad) 432
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. KIRUBAKARAN, R. HEMALATHA, JJ.
T. Ganesh Kumar - Appellant
Versus
Union of India Represented by Secretary Ministry of Home Affairs New Delhi & Others - Respondent
W.P.No. 7457 of 2020
Decided On : 09-04-2020
For the Petitioner:A. Ramesh, Senior counsel, G.R. Hari, Advocate. For the Respondents:P.H. Aravind Pandian, Additional Advocate General Assisted by A.N. Thambidurai, Special Government Pleader, C.V. Sailendhran, Government Advocate.
The fundamental right to information and the limited research on virus transmission through newspapers influenced the court's decision to dismiss the petition.
Headnote:
Newspapers - Freedom of Press - Article 19(1)(a) of the Constitution of India - Notification No. 40-3/2020 dated 24th March 2020 - Anuradha Bhasin v. Union of India - Journal of Hospital Infection - The New England Journal of Medicine - Document No.8 - Dr.T.Jacob John - Article 19(1)(a)
Fact of the Case:
The petitioner challenged the exemption given to Print Media by the Central Government during the COVID-19 pandemic, citing the potential spread of the virus through newspapers.
Finding of the Court:
The court dismissed the writ petition, emphasizing the importance of newspapers as the fourth pillar of democracy and the limited research on the spread of the virus through newspapers. It highlighted the fundamental right to information and the least probability of virus transmission through newspapers.
Issues: Challenge to exemption given to Print Media during COVID-19 - Potential spread of virus through newspapers
Ratio Decidendi: Limited research on virus transmission through newspapers - Fundamental right to information - Least probability of virus transmission through newspapers
Final Decision: The writ petition was dismissed without costs, emphasizing the importance of newspapers and the fundamental right to information.
JUDGMENT
(Prayer:Writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for records of the First Respondent in Communication No. 40-3/2020 dated 24th March 2020 and Quash the same in so far as the First Respondent listing Print Media as exempted establishment in Para 4(c) of the Annexure to the impugned Communication dated 24th March 2020.)
N. Kirubakaran, J.
"Were it left to me to decide whether we should have Government without newspapers, or newspapers without Government, I should not hesitate a moment to prefer the latter." -
Thomas Jefferson
The importance of newspapers could be well understood by the abovestatement of Thomas Jefferson, a leading spokesperson for democracy, the third President of United States of America from 1801 to 1809, who declared "all men are created equal".
2. The Press is the fourth pillar of democracy. A vibrant media is an asset for any democratic country like India. In the past, during the independence struggle, it played a vital role to form opinion against the British Rule. Subsequently also, the role of media against the dark period of democracy [1975-77] is laudable. Many restrictions were brought including the precensorship of newspapers. The print media especially Thiru.Ramnath Goenka fought successfully against those restrictions. The print media echoes the views of the people. It is also the watchdog of the Government, bringing out the misdeeds and corrupt practices at the highest level in the administration. India is a thickly populated country and multi-lingual society. Many newspapers are published in various languages claiming vast readership. It is to be noted that the Hon'ble Supreme Court has also upheld the freedom of press in very many judgments. The recent judgment by the Hon'ble Supreme Court in Anuradha Bhasin v. Union of India, dated 10.01.2020 upheld the freedom of press stating that freedom of press is a requirement in any democratic society for its effective functioning and Governments are required to respect this at all times.
3. When such is the importance of newspapers, any attempt to restrict or prohibit the publication of newspapers would amount to muzzling of independence of Media. What is expected is only the news and not the views of the publisher. News as it is has to be brought to the readers and not the views of the publishers or his ideology. Though they are entitled to putforth their ideology, people want only the news as it stands. Mixing of views and ideology should be avoided. However, it is a fact that some of the publishers are mixing their views along with the news.
4. This Writ Petition has been filed challenging the exemption given by the Central Government to the Print Media and Electronic Media by virtue of Notification No. 40-3/2020 dated 24th March 2020.
5. According to the petitioner the Corona Virus is capable of spreading through paper surface which can survive about 4 days. If the Newspapers are published and it is supplied to the readers, there is a possibility of spreading virus, even if the paper delivery boy is infected with the Corona Virus. Therefore, the exemption given to the Print Media is being challenged in the present Petition.
6. Mr.A.Ramesh, learned senior Counsel appearing for Mr.G.R.Hari, learned counsel for the Petitioner relied upon the research study named “Persistence of coronaviruses on inanimate surfaces and their inactivation with biocidal agents” conducted by Mr.G.Kampf, University Medicine Greifswald, Institute for Hygiene and Environmental Medicine, Ferdinand- Sauerbruch-Strabe, 17475 Greifswald, published in Journal of Hospital Infection. He has also relied upon the study named “Aerosol and Surface Stability of SARS-CoV-2 as Compared with SARS-CoV-1” published in The New England Journal of Medicine on March 17th , 2020, in which it has been specifically stated that Corona virus would persist up to 4 to 5 days and 24 days in paper and cardboard medium respectively. Based on
