Freedom of press can’t be curbed: HC

The Delhi High Court on Friday remarked that the freedom of the media cannot be curtailed and that the court cannot pass an order imposing a total ban on media reporting.

However, the court also issued a notice to the Central Government, Press Council of India and a media house.

The court also restrained the media house from disclosing the particulars of the minor accused — whether for characterisation or otherwise — in connection with the Dwarka road accident case.

The father of the minor driver had filed a petition seeking directions to restrain the media and social media platforms from illegal publication, disclosure and viral dissemination of identifying material related to him and his son, invoking Article 21 of the Constitution of India.

While hearing the petition, the High Court observed that a complete media gag order cannot be imposed. It also raised the question of whether a writ petition is maintainable against private television channels.

Justice Saurabh Banerjee remarked that the freedom of the media cannot be curtailed and that the court cannot pass an order imposing a total ban on media reporting. He noted that the petitioner appeared to be seeking a complete media gag.

Responding to this, Advocate Lal Singh Thakur clarified that the petitioner was not seeking a complete media gag. Instead, he sought a limited direction restraining the media from disclosing material connected to the identity of the petitioner and his 17-year-old son.

After considering the submissions, the court issued notice to the Ministry of Information and Broadcasting, Press Council of India and a media house, directing them to file their responses within four weeks. The court also granted liberty to the Delhi Police to file a response, if required.

The matter is next listed for hearing on July 9. In the meantime, the High Court permitted counsel for the petitioner to amend the memo of parties.