New Delhi: The Supreme Court on Friday shot a volley of tough questions at the counsel of complainant, who lodged FIRs against the Editors Guild of India (EGI) and its four members, asking to establish how the offence of promoting enmity between different ethnic groups was made against them.
The apex court said the journalists may be right or wrong but "this is what free speech is all about”. Stating that incorrect things are reported all across the country every day, the court questioned whether the authorities will prosecute journalists for it. The top court orally remarked that the FIR against members of the EGI was a "counter-narrative" of the Manipur government to the fact-finding report on the ethnic clashes in the state.
A bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra took up the matter today. Senior advocate Guru Krishna Kumar, representing the complainant, submitted that if EGI withdraws its report then it will be the end of the problem while senior advocate Shyam Divan, representing the EGI said that counter responses that were received on the report have been put on the same weblink.
Solicitor General Tushar Mehta, representing the Manipur government, said a journalist can put up views and counterviews and then come before the apex court saying the matter should be transferred to a different court. Mehta said, “If lordships feel the case should be transferred…I am not coming in the way".
The Chief Justice asked Kumar to tell if it would help if the counterview of the complainant was put on the weblink. The court said, "Where is Section 153A? Section 200? Let us see each section... what is happening…..they are entitled to put forth a view point. Section 200 deals with using a declaration that is submitted before court. Where is the declaration made in court? It is a report." The top court verbally remarked that the complaint filed against the EGI members was "a counter-narrative of the government".
Kumar responded, “We will put it on record to what they are saying”. To which, the Chief Justice said, “You have to look at your complaint as it stands, forget the response and through your complaint establish how these offences are made”. Kumar said that complaint or an FIR cannot be treated as an encyclopaedia of all facts and there is a need for an investigation.
At this point, the Chief Justice said, “You have assumed what they said is false. Making a false statement in an article is not an offence under Section 153A. This may be incorrect. Incorrect things are reported all across the country every day, will you prosecute journalists for Section 153A?" Mehta said that the petitioners plea to approach the Delhi High Court can be considered.
The bench granted the respondents time to file a response. The Chief Justice pointed that the Army had written to the EGI saying there is partisan reporting and invited them to visit Manipur and make a proper report. “They may be right or wrong but this is what free speech is all about”, the Chief Justice added.
