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2021 Supreme(Mad) 3057
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Kirubakaran, P. Velmurugan, JJ.
S. Sekaran - Appellants
Vs.
The State of Tamilnadu and Ors. - Respondent
W.P. Nos. 32091 and 31647 of 2019
Decided On : 19-08-2021
Advocate Appeared:
For the Appellant : Lita Srinivasan
For the Respondents:R. Anitha, Government Advocate, Selvaraj, P.R. Ramesh Babu, S.S. Rajesh, A.P. Surya Prakasam, Gautam S. Raman, R. Kamaraj, N. Ramesh, C. Seethapathy, S. Kumaradevan, Madhan Babu and Hasan Mohammed Jinnab, Public Prosecutor asst. by Muniapparaj, Government Advocate
Headnote:
Constitution Of India,1950 - Articles - 1115, 80, and 226 - Position of Media as on date - People want news as it is and not views of editors or reporters - Many media houses very sadly report news according to their views and ideology - One can have ideology/views but that should not be mixed with contents of news and it would amount to corrupt practice thrusting one's views on others - Though India has got robust media as watchdog of democracy image of media is not internationally reputed - Paid news is one of menaces which is afflicting our media - Whether it is in handful numbers or in lakhs in numbers and that circulation of a magazine will not curtail a press person from bringing out a truth before society - Whether Trust collected any donations if so how much donations Trust collected so far and who are donors etc., and proceed with matter in accordance with law- Held, Court have given our anxious consideration to above issue and Court find that Airavath Trust has no role or authority to ask for any donation regarding recovery of idols and temple properties and it is only State Government can take steps for recovery of idols and temple properties - Court suspected that petitioner has filed present writ petition claiming himself to be a journalists at instance of third parties to scuttle investigation of idol theft cases - It is not known as to how identity card of suspended police official landed in hands of petitioner - Television media blurred such definitions to a large extent but still had broad categories of reporters and editors - Now there is a new association for News Readers who say they are also journalists - It is the news portals that has undone all media structure - One does not need any permission or regulatory approval of any authority to start one's own portal - While Indian Newspaper Society (INS) is forum for print media Indian Broadcasting Foundation (IBF) is equivalent for electronic media (television) - There is statutory Press Council of India (PCI) to exercise external control over them -W.P. Nos. 32091 of 2019 is disposed of.
Key Points: - The court emphasizes that news should be reported as it is, without mixing views, and criticizes paid news and unethical practices by some media houses (!) (!) . - The State Government is directed to form a time-bound, expert-led Press Council of Tamil Nadu with representatives from media and government to regulate accreditation, associations, and elections (!) (!) . - The court suspects the petitioner in W.P. 32091 of being influenced by third parties, including Kader Basha, and directs investigation into idol theft cases through proper channels while continuing SIT functions under updated supervision (!) (!) (!) .
What is the nature and extent of media regulation concerning journalistic identity and circulation criteria in Tamil Nadu as directed by the High Court?
What are the obligations of the State Government regarding investigation and recovery of temple idols under the supervision of the Idol Wing CID?
What directives are issued to address the issue of fake journalists and the regulation of media associations in Tamil Nadu?
ORDER :
P. Velmurugan, J.
"NEWS is expected
But VIEWS are reported"
1. This is the position of Media as on date. People want the news as it is and not the views of the editors or reporters. Many media houses very sadly report the news according to their views and ideology. One can have ideology/views but that should not be mixed with the contents of the news and it would amount to corrupt practice thrusting one's views on others. Though India has got robust media as watchdog of democracy, the image of media is not internationally reputed. Paid news is one of the menaces which is afflicting our media. Understanding the power of media, many persons take "Avatar" of PRESS only to threaten and blackmail the officials, industrialists and politicians for their unjust enrichment. Any persons image can be sullied without any material details or proof by publishing in media. There is no control or supervision of the so-called journalists who are indulging in illegal, unethical practice. The cases are also initiated at the instance of 3rd parties with oblique motive by some persons claiming to be journalists. Sometimes, the accused in crime cases also use the so-called PRESS people to initiate proceedings. One such case has come before this Court.
2. It is evident from the media reports that many people are claiming themselves as press reporters and said to have been committing crimes and blackmailing business people and Government officials. In one such case, based on the complaint preferred by "Daily Thanthi" management, a fake press person who collected money from a school management claiming to be a reporter of "Daily Thanthi" was arrested. This is only the tip of the iceberg and many fake press people are claiming themselves to be reporters of popular and established newspapers and collecting money from organizers of meetings/seminars bringing disrepute to those popular newspapers/magazines. It is also stated that the genuine press reporters are sidelined and these fake press people/press reporters have taken over all the press associations and they are said to be dominating the associations. They are allegedly reporting news on payment. There should be a parameter such as minimum circulation for magazines or newspapers to claim themselves as press people. The credentials of the parties have to be verified in detail before issuing the identity cards, since many people having criminal background also claim to be press people and indulging in criminal activities using this as a shield like that of the many criminals who purchase law degrees and use it as a shield for their criminal activities. Since the image of the press off late is damaged because of the activities of the people who are claiming to be press reporters, the system has to be cleaned so that the interest of genuine journalists/press people will be protected.
3. In the instant case, the petitioner, who claims to be a press reporter and publishing a magazine "Manida manam", filed the above writ petitions. W.P. no. 32091 of 2019 is filed for direction to the 1st respondent-Director General of Police, to consider his representation dated 26.09.2019 and further to direct the 2nd respondent-Director General of Police, CBCID, to form a team and investigate on due process of law against the report conveying fallacious investigation data in Idol theft submitted by special officer Idol wing. Another Writ Petition no. 31647 of 2019 is filed for direction to the 1st respondent to consider the representation dated 19.10.2019 and further direct the 2nd respondent to form a team and investigate on due process of law against the economic offence piloted by Airavath trust represented by Sridaranand.
4. In W.P. no. 32091 of 2019, the petitioner seeks direction to the 1st and 2nd respondent for investigation and thorough enquiry in respect of records of idol wing and the cases investigated during the year 2012 to October 2018 to find out the true status of 1125 stolen idols and the earlier st
