Can’t allow bid to throttle freedom of media, says SC

“We must presume integrity and objectivity of media. We cannot curtail the right of the media in this manner… media has been given an independent status in our democratic polity,” said the bench, also comprising Justices A M Khanwilkar and Mohan M Shantanagoudar.

The PIL was filed by senior journalist Hari Jaisingh, who had claimed that Christian Michel, a ‘facilitator’, was allocated Rs 217 crore (approximately 30 million Euros) by top officials of Finmeccanica and AgustaWestland for “managing” Indian government officials.

“Of this sum, 6 million Euros (approximately Rs 50 crore) was set aside specifically to manage the Indian media,” said the petition, as it sought direction to the CBI and Enforcement Directorate (ED) to submit a report on whether the Indian media played a role in influencing the deal for a dozen VVIP helicopters.

But the bench dismissed the petition, describing it as “an attack on independence of media”. “It seems there is a disguised attempt to curtail independence and freedom of media…it is a dangerous phenomenon. By this petition, the freedom given to media may be smothered. It is an attack on media,” said the bench.

“Why are you blaming the media? Why should we direct the CBI to investigate the media? Media has a role and an independent status in our democracy. Its freedom can’t be throttled like this,” said the bench.

On the alleged “media management” plan, the court asked how an investigation against the media could be ordered when the contract is between an individual and companies. “Are the terms of the contract in public? If it was entered by Indian citizens or is executable in India,” it asked senior lawyer Geeta Luthra, who appeared for the petitioner.

Luthra responded that Michel was in India most of the time and the ED had already called one of the journalists for investigation. But the bench replied: “We will not direct investigation against media. It is a contract between X and Y. Where is media in it? It is up to the investigation agencies to look into all these aspects. Why there should be a direction from the court? We will not direct any investigation against the media unless there is a direct involvement.”