In a verdict delivered today by the suprement court on the writ filed by Arnab Goswami, the judges have remarked, "India's freedoms will rest safe as long as journalists can speak to power without being chilled by a threat of reprisal."
In a verdict delivered today by the supreme court on the writ filed by Arnab Goswami, the judges have remarked, "India's freedoms will rest safe as long as journalists can speak to power without being chilled by a threat of reprisal."
Arnab filed a writ petition that sought for quashing of various complaints and FIRS lodged against him in a number of states and union territories. While delivering a verdict on this writ, the bench comprising Justice DY Chandrachud and Justice MR Shah have opined that such practices will effectively destroy the freedom of the citizen to know of the affairs of governance in the nation and the right of the journalist to ensure an informed society.
Justice DY Chandrachud, the author of the verdict, observed that subjecting a journalist to a plethora of complaints, which are almost identical, making him suffer the travails of traversing to the many places and jurisdictions seeking remedies would stifle the exercise of his freedom. The court said, "our decisions hold that the right of a journalist under Article 19(1)(a) is no higher than the right of the citizen to speak and express, but we must, as a society, never forget that one cannot exist without the other. Free citizens cannot exist when the news media is chained to adhere to one position.
The bench further said that subjecting one to numerous proceedings that are of the same nature in different jurisdictions on the basis of the same cause of action is unacceptable. The court also observed that its intervention is necessary to ensure that rights of the of the petitioner as a citizen and a journalist are protected and that he receives fair treatment and is always at the liberty to conduct an independent portrayal of views.
The passage quoted by the judges from Yuval Noah Harari's book titled "21 Lessons for the 21st Century" pretty much delivers the essence of their verdict: "Questions you cannot answer are usually far better for you than answers you cannot question."
The court has recorded that Senior Counsel Kapil Sibil has fairly submitted that the court may quash all the other FIRs and lodged in various jurisdictions except the one registered in Mumbai. The court clarified that its quashing of the FIRS shall not in anyway amount to expression its opion on the merits of the FIRs. The court also refused to entertain the prayers of the writ petitioner for transfer of probe to CBI.