The Supreme Court on Friday set aside a gag order passed by the Allahabad High Court that prohibited the media from reporting on movement of troops. The court said that the impugned directive was not in consonance with the prayers made in the concerned PIL.
We are of the opinion that the High Court ought not have issued certain directives since the prayers were different in the PIL. The directives are not in consonance with the prayers made in the petition. The order can be set aside on this ground alone. Hence,the impugned order is set aside, said a Bench of Justices H L Dattu and C K Prasad.
The court,which perused the relevant extracts of the recent judgment on the media guidelines by a Constitution Bench,also remarked: We should not say much but by passing such orders HC order,we invite troubles.
The court was adjudicating the appeals by the Press Council of India PCI and Indian Newspaper Society. They had challenged the validity of the Hoigh Court8217;s April 10 order,directing the Secretary,Home Affairs,and Secretary,Information amp; Broadcasting,Government of India,and the Principal Secretary Home,Government of Uttar Pradesh to ensure that there is no reporting/ release of any news item by the print and electronic media,namely the movement of troops.
The order had come on a PIL filed by a social activist through advocate Gaurav Bansal,relating to a report in The Indian Express on April 4,titled The January night Raisina Hill was spooked: Two key Army units moved towards Delhi without notifying Govt.
Subsequently,the Iamp;B Ministry had issued an advisory to all private satellite TV channels to strictly follow the High Court8217;s order.
The Bench,however,quashed this order after Additional Solicitor General Indira Jaising agreed that the restriction on media was excessive.
Senior counsel P P Rao,appearing for the PCI,had argued that the High Court order was contrary to the principle of Rule of Law.
How can any court pass such order? It is an over-reaching the request. The PCI is greatly disturbed by the order as we have to protect the freedom of press, he said.
Rao also produced the Constitution bench judgment passed on September 11,saying there cannot be blanket ban on media reports.