‘Why would the Army tell the Editors Guild to come to Manipur?:' SC questions journo body rationale

Senior advocates Kapil Sibal and Shyam Divan, appearing for the EGI, opposed the submission and said the matter be heard in top court as the FIRs have been lodged on the basis of a fact-finding report.

New Delhi: The Supreme Court on Monday expressed surprise at the Editors Guild of India (EGI) contention that it had sent a team of journalists to Manipur to examine 'biased and unethical reporting by vernacular media' on the Indian Army’s invite.

Senior advocate Kapil Sibal, representing the EGI, made submissions before a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra. Sibal said, “We didn’t volunteer to go there…it is the Army which requested us. It is a very serious matter….”.

Sibal cited a letter by the Indian Army dated July 12, 2023, to the Editors Guild of India and added that it is an invitation by the Army saying to see what is happening there, “unethical and ex-party reporting of incidents of Manipur by vernacular media”. Sibal stressed that the teams of journalists had gone to Manipur at the Army’s invitation. The Chief Justice queried, “Why would the Army tell the Editors Guild to come to Manipur….”.

Sibal said they wanted an objective assessment of what is happening there on the ground. The bench read a part of the letter, “I, therefore, request the examination of the above report conducted to ascertain whether the guidelines for journalists and media houses have been violated by these media houses, which appear to be one-sided and appropriate action to be taken accordingly”.

Sibal said, “We are not concerned with what action, pursuant to this we went in….our submission is once we give a report there can’t be offences under the penal code on that basis….see the kind of offences we are being prosecuted for (drawing the court’s attention to the FIR)”. Sibal urged the court to allow them to pursue the matter in the Delhi High Court, as lawyers in Manipur are withdrawing. The Chief Justice queried that the subject matter of the FIR is only the report. Sibal agreed and added, “it is hazardous for us to go there at this point in time….”.

Solicitor General Tushar Mehta, representing the Manipur government, said the EGI members may be protected for some more time and this matter can be taken up by the Manipur High Court as done in other cases.

After hearing submissions, the apex court extended till September 15, its order asking Manipur police not to take any coercive steps against four members of the EGI in connection with two FIRs lodged against them for alleged offences, including promoting enmity between two communities. The apex court has scheduled the matter for further hearing on Friday.

On September 4, Manipur Chief Minister N Biren Singh had said a police case had been filed on the basis of a complaint against the president and three members of the Editors Guild of India and accused them of trying to "provoke clashes" in the state.