Honest scribes need court protection: Punjab and Haryana High Court

Tribune News Service

Saurabh Malik

Chandigarh, January 4

The Punjab and Haryana High Court today reinforced the crucial role of a free Press in fostering transparency, accountability and an informed public. Justice Anoop Chitkara emphasised that journalists reporting actual events honestly and correctly required the protection of courts to ensure truthfulness and accuracy.

Justice Chitkara also underscored the judiciary’s indispensable role in protecting journalists by asserting that all courts were required to be “more vigilant and proactive while safeguarding the interests of such courageous humans”.

Fourth pillar of democracy

• Reaffirming the pivotal role of journalism as the fourth pillar of democracy, Justice Chitkara asserted that a reporter’s sacrosanct duty as a journalist was loyalty towards the citizenry
• Journalists served as independent monitors of power, reporting information for public good and safety

“In the fearless pursuit of their duties to uncover the truth and report such facts to the masses through media, these brave journalists do face various hurdles, e.g. pressures from influential parties, groups or government agencies etc. To ensure honest and correct reporting of actual events, such journalists require the protection of courts, especially constitutional courts, to enable them to publish news without fear of harmful consequences,” Justice Chitkara asserted.

The rulings came as Justice Chitkara independently referred to the facts and circumstances in each matter before separately allowing five petitions by reporters and editors of different newspaper organisations aggrieved by the issuance of summons and the upholding of the order by the sessions court on a complaint alleging defamation and other offences filed by IPS officer Param Vir Rathee against 34 persons.

The petitions were filed by Swatantra Saxena of Dainik Tribune and other journalists through counsel Manu K Bhandari and other advocates. Reaffirming the pivotal role of journalism as the fourth pillar of democracy, Justice Chitkara asserted a reporter’s sacrosanct duty as a journalist was loyalty towards the citizenry. They served as independent monitors of power, reporting information for public good and safety, addressing any problems or lacunae in the public system for its effective functioning and immediate redressal.

Justice Chitkara also made it clear that reporters and newspapers did their jobs without committing offence of defamation under Section 499 of the IPC when they exercised restraints. The reported news had inbuilt safeguards and elements of due care, caution and reasonableness.

Taking up Saxena’s petition, Justice Chitkara among other things asserted neither the newspaper, nor its reporter and the petitioner made personal or biased comments. The news item was published based on the statement of Member of Parliament Kuldeep Singh Bishnoi and another person.

Justice Chitkara concluded that Dainik Tribune and its editors were entitled to benefit of exceptions outlined in Section 499 of the IPC.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

Join Whatsapp Channel of The Tribune for latest updates.