It will not be wrong to say that Indian Press is in peril looking into the Times Now news channel and Justice PB Sawant conflict recently.
Former Justice of the Supreme Court of India initiates a defamation case u/s 500 of the Indian Penal Code against the Times Now channel alleging the later of showing a photograph of him (wrongly) in place of P K Samantha, a serving judge of the Kolkata high court, alleged to be involved in the Ghaziabad district court provident fund scam in 2008.
The news channel admitting the incidence, begs apologizes to the esteemed justice personally and also in its broadcast scrolling for following five days. They respectfully vow that it was a technical mistake which was neither intentional nor a libel. It was inadvertently and unintentionally happened for which they sincerely apologize. The photograph was also shown for merely 15 seconds.
But still not satisfied with the apology, the victim went to the court in Pune and moved a defamation case. Shockingly, the Honorable Court punished the accused party ordering it to pay a fine of 100 crore rupees.
Accordingly, the news channel moved to the Bombay High Court for an appeal challenging the decision in September 2011. But the High Court also rejected the appeal and maintained the lower Court order.
Times News Group further moved to the apex court of India, the Supreme Court, to order a stay in the above matter, but the Supreme Court bench presided over by Justice G. S. Singhvi of the Honorable Supreme Court rejected the appeal and upholds the interim order last Monday.
Reacting to the ruling, The Editors Guild of India, Foundation for Media Professionals, Broadcast Editors Association (BEA) and many more apex press associations of India has expressed concern against the order.
“It is true that the allegation has been proved (and for which the concerned channel has sincerely begged apology). But is it justified to award a fine of such a huge amount of 100 crore rupees as the damage for defamation? Moreover, each day the world is witnessing different type of violation of rules, regulations and law and commitment of crimes in India in different media. In those case why the Court is not awarding such exemplary punishment? Kasab has been arrested red handed, killing more than 100 people including citizens of 27 foreign countries. How the Court is silent in his matter even after such a long time? The present case shows – because the victim this time was a member of the same community who have awarded this punishment.” Like this many questions were discussed in a meeting held by the press reporters in Bhubaneshwar on last Thursday.
The order in this case is a matter of concern for the media persons in India. It has limited the fundamental right to freedom of speech as provided in article 19 of the Constitution.
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