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2025 Supreme(Ori) 154

IN THE HIGH COURT OF ORISSA, CUTTACK
Ananda Chandra Behera, J.
Kanak Vardhan Singh Deo - Petitioner
Versus
Saroj Kumar Meher - Opposite Party
I.A. No.30 of 2025 (Arising out of ELPET No.20 of 2024)
Decided On : 31-07-2025

Advocates Appeared:
For the Petitioner:Mr. A.P.Bose,Advocate
For the Opposite Party :Mr. G. Agarwal, Sr. Advocate Ms.S.Srivastava, Advocate

Judicial proceedings are public; media freedom permits reporting of court proceedings, and injunctions against such reporting can only be granted in exceptional circumstances to protect the fairness of trials.

Headnote:(A) Constitution of India, 1950 - Articles 19(1)(a) and 21 - Interlocutory application for injunction against public statements concerning ongoing Election Petition - Court emphasized that judicial proceedings are public and media freedom allows for reporting court proceedings. (Para 10)

(B) It was held that the allegations of impropriety from media statements lacked supporting evidence, rendering requests for injunction unjustifiable. (Paras 12)

Facts of the case:
The petitioner sought an injunction against the opposite party from making media statements regarding the Election Petition proceedings, claiming they misrepresented a court order's context. (Para 3)

Findings of Court:
The court ruled against the injunction, affirming the freedom of the press and the public nature of judicial proceedings. (Paras 11, 12)

Issues: Whether statements made by the opposite party were in violation of court orders, and whether the petitioner was entitled to an injunction preventing the opposite party from making further statements. (Para 6)

Ratio Decidendi: The court found that judicial proceedings must be open to public reporting, except in rare circumstances where publication would prejudice justice. The absence of merit in the petitioner's request indicated it was not entitled to an injunction. (Paras 10, 12)

Result: The I.A. filed by the petitioner is dismissed on contest, but without cost.

Table of Content
1. context of the interlocutory application. (Para 1 , 2 , 3)
2. arguments against the interlocutory application. (Para 4)
3. court hearing and analysis of issues. (Para 5 , 6 , 7)
4. analysis of media publication rights. (Para 8 , 9)
5. public trial and media reporting implications. (Para 10 , 11 , 12)
6. dismissal of the interlocutory application. (Para 13 , 14)

JUDGMENT :

Ananda Chandra Behera, J.

1. This interlocutory application No.30 of 2025 has arisen out of Election Petition No.20 of 2024.

2. The Petitioner and the Opposite Party in this I.A. are the respondent and Petitioner respectively in the Election Petition No.20 of 2024.

3. The Petitioner in this I.A. (Respondent in the Election Petition No.20 of 2024) has filed this I.A. against the Opposite Party (Petitioner in the Election Petition No.20 of 2024) praying for injuncting the Election Petitioner in the Election Petition No.20 of 2024 (Opposite Party in this I.A.) from giving any statement before any type of media with regard to the ongoing proceedings of Election Petition No.20 of 2024 till the disposal of the Election Petition stating that, as per the Order dated 30.01.2025 passed in Election Petition No.20 of 2024, the written statement of the respondent (Petitioner in this I.A.) was accepted subject to deposit of Rs.2000/- (Rupees two thousand only) before the High Court Bar Association, Odisha for the expenditure of the same in welfare purpose i.e. for public benefit with a direction to the learned counsel for the respondent (Petitioner in this I.A.) to submit the receipt regarding the compliance of the said order concerning the deposit of money i.e. Rs.2000/- (Rupees two thousand only)before the High Court Bar Association, Odisha fixing the Election Petition No.20 of 2024 to 21.02.2025 for hearing on the point of framing issues. Though this Court directed the respondent (Petitioner in this I.A.) to deposit Rs.2000/- (Rupees two thousand only) before the High Court Bar Association for acceptance of his written statement and accordingly the said amount was deposited in High Court Bar Association with proper receipt, but, the Election Petitioner (Opposite Party in this I.A.) intentionally made a colourable story and wrongly interpreted the above wordings of this Court reflected in the order dated 30.01.2025 of Election Petition No.20 of 2024 and gave statements before the media that, the respondent in the Election Petition No.20 of 2024 (Petitioner in this I.A.) has been saddled with a cost of Rs.2000/- for acceptance of his written statement in Election Petition No.20 of 2024 and the said statements of the Election Petitioner (Opposite Party in this I.A.) were published on dated 31.01.2025 in Odia daily “Sambad” and “Prameya” newspapers reflecting the name of the learned counsel of the Election Petitioner as the counsel of the Election Petitioner. The paper cuttings of “Sambad” and “Prameya” containing the above news items published on dated 31.01.2025 are Annexure-2 series.

The above statements were given by the Opposite Party (Petitioner in the Election Petition No.20 of 2024) before the print media is a clear violation of the order of the High Court. Because, direction was given by the High Court to deposit Rs.2000/- (Rupees two thousand only) in High Court Bar Association to spend the same for welfare purpose i.e. for public benefit, but, the Election Petitioner (Opposite Party in this I.A.) has coloured it as cost. For which, the aforesaid wrong statements given by the Election Petitioner (Opposite Party in this I.A.) in media is completely derogatory and the same has tarnished the fair and unblemished image of the Respondent in the Election Petition No.20 of 2024 (Petitioner in this I.A.).

So, the Petitioner in this I.A. (Respondent in the Election Petition No.20 of 2024) has filed this I.A. against the Opposite Party (Petitioner in the Election Petition No.20 of 2024) in order to injunct the Opposite Party (Petitioner in the Election Petition No.20

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