New Delhi: The Supreme Court on Friday made it clear that it firmly stands for the protection of freedom of speech and expression and it does not intend to fail in its duty, while granting relief to a Kannada news channel which extensively telecasted a sex scandal involving former JDS MP Prajwal Revanna, and his family.
A three-judge bench led by Chief Justice of India D Y Chandrachud put on hold a Karnataka High Court decision, which had stopped broadcast by Power TV on the grounds of lack of proper licence. The bench, also comprising Justices J B Pardiwala and Manoj Misra, said it is nothing but a sheer political vendetta. Reportedly, the channel and its director Rakesh Shetty have extensively reported on Janata Dal (Secular) leaders like Prajwal Revanna and Suraj Revanna, who have been accused of sexual assault.
"We are inclined to protect the freedom of speech and expression. It looks like a plain case of political vendetta….”, said the bench. The bench stressed that this court would be failing in its duty if it does not protect the petitioner.
Solicitor General Tushar Mehta, representing the Centre, contended it was not borne out from record and the show cause notice of February 9 was related to the channel subletting its uplink and downlinking licence. However, the apex court issued notice to the Centre and others on a petition filed by Power TV and others and also stayed the High Court order till Monday.
Senior advocates Ranjit Kumar, Sunil Fernandes, advocates Mithu Jain and R Swaroop Anand represented Power TV before the apex court. The top court has scheduled the matter for further hearing on Monday, July 15.
"That the High Court has erred in not treating the petitioners on the same footing as that of the other 34 channels which are similarly situated with that of the Petitioner and thus, the Petitioner has been meted with an unequal and differential treatment at the behest of the Writ Petitioners," contended the plea.
The plea said that there are many news channels whose application for renewal is pending consideration similar to the situation of the petitioner and they are still fully functional.
"However, shutting down the petitioner news channel on the basis of the submissions of the respondents on the basis of show cause notice without any pleading to that effect or without affording necessary opportunity to file the counter is highly prejudicial towards the petitioners under whom about 200 employees are currently employed and same is violative of principles of natural justice and hence the impugned order is liable to be set aside”, said the plea filed by Power TV.
The Karnataka High Court had restrained Power TV from carrying out any broadcasting activity till July 9. On June 25, the High Court passed the interim order after hearing two petitions filed by senior serving IPS officer Dr B R Ravikanthegowda, and JDS leader and MLC HM Ramesh Gowda and his wife Dr A Ramya Ramesh.
It was argued before the High Court that despite proceedings already initiated by the Centre against the news channel and other private respondents, they continued to broadcast without obtaining the necessary renewal of licence.
The Centre had submitted that a show cause notice was issued on a complaint and the permission for Power TV was valid till October 12, 2021. The Ministry of Information and Broadcasting said its renewal application dated December 30, 2022, was under examination.
