IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51166/2019(GM-RES) BETWEEN:
MYSORE DIOCESAN SOCIETY BISHOP’S HOUSE, NO.2939, MOTHER THERESA (B.N.) ROAD, MYSORE-570 001, REPRESENTED BY SECRETARY, JAMES D, AGED ABOUT 53 YEARS.
...PETITIONER (BY SRI MAHESH C.M., ADVOCATE) AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001.
2 . THE SUPERINTENDENT OF POLICE MYSORE, MYSORE DISTRICT-570 001.
3 . INSPECTOR, DISTRICT CRIME INTELLIGENCE BUREAU, MYSORE, MYSORE DISTRICT-570 001.
4 . THE PUBLISHERS AND BROADCASTERS WELFARE ASSOCIATION OF KARNATAKA, C/O. PRESS CLUB BENGALURU, REP. BY IT’S SECRETARY 5 . FACEBOOK INDIA ONE BKC, BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI, MAHARASHTRA 400051.
REP. BY ITS CHIEF EXECUTIVE OFFICER 6 . PUBLIC T V WRITMEN MEDIA PVT. LTD, NO.57, 4TH MAIN, MLA LAYOUT, RT NAGAR BENGALURU 560 032 REPRESENTED BY ITS CHAIRMAN AND MANAGING EDITOR SRI. H.R. RANGANTH 7 . TV-9 KANNADA NO.13, RHENIUS STREET, RICHMOND TOWN, BENGALURU 25.
REPRESENTED BY ITS MANAGING DIRECTOR 8 . NEWS 9 NO.13, RHENIUS STEET, RICHMOND TOWN, BENGALURU 560 025 REPRESENTED BY ITS MANAGING DIRECTOR 9 . NEWS 18 KANNADA 4TH FLOOR, SILVER JUBILEE BLOCK CSI COMPOUND, UNITY BUILDING, 3RD CROSS, MISSION RD, BENGALURU 560027.
10 . SUVARNA NEWS 24X7 ASIANET NEWS PVT. LTD, NO.204, EMBASSY SQUARE NO.148, INFANTRY ROAD, BANGALORE REPRESENTED BY THE CHAIRMAN, AND MANAGING DIRECTOR 11 . DECCAN HERALD AN ENGLISH DAILY NEWS PAPER, M G ROAD, BENGALURU 560001, REPRESENTED BY ITS CHIEF EDITOR 12 . SAMAYA 24X7 NO. 10/A, CHANDRAKIRANA BUILDING, 5TH FLOOR, 6TH CROSS, KASTURBA ROAD, BENGALURU 560001, REPRESENTED BY ITS MANAGING DIRECTOR 13 . RAJ NEWS KANNADA NEAR AMBEDKAR AUDITORIUM, VASANTH NAGAR, BENGALURU 560001, REPRESENTED BY ITS MANAGING DIRECTOR 14 . CNN IBN ENGLISH TV NEWS CHANEL, GLOBAL BROADCAST NEWS, EXPRESS TRADE TOWER, PLOT NO 15-16, SECTOR 16-A NOIDA 201 301 UTTAR PRADESH, REPRESENTED BY ITS MANAGING DIRECTOR 15 . TIMES NOW ENGLISH TV NEWS CHANEL TIMES GLOBAL BROADCASTING COMPANY LTD. TRADE HOUSE, FIRST FLOOR, SENAPATHI, BAPATMARG, LOWER PAREL, MUMBAI 400013, REPRESENTED BY ITS MANAGING DIRECTOR 16 . HEADLINES TODAY ENGLISH TV NEWS CHANEL, THE INDIA TODAY GROUP, MEDIAPLEX FC-8 SECTOR 16A, FILM CITY, NOIDA 201 301, UTTAR PRADESH, REPRESENTED BY ITS MANAGING DIRECTOR 17. AAJ TAK, HINDI NEWS CHANEL THE INDIA TODAY GROUP, MEDIAPLEX FC-8 SECTOR 16A, FILM CITY, NOIDA, UTTAR PRADESH-201 301 REPRESENTED BY ITS MANAGING DIRECTOR 18. NDTV 24X7 ENGLISH TC NEWS CHANEL NEW DELHI TELEVISION LTD., 207 OKHLS INDUSTRIAL ESTATES PHASE-3, NEW DELHI-110020.
REPRESENTED BY ITS MANAGING DIRECTOR.
19. NEWS X ENGLISH TV NEWS CHANEL B-4, SECTOR-3, NOIDA UTTA PRADESH-201301.
REPRESENTED BY ITS MANAGING DIRECTOR 20. NEWS 24 (INDIA) HINDI TV NEW CHANEL B.A.G. FILM & MEDIA LTD.
FC-23, SECTOR 16-A, FILM CITY NOIDA, UTTAR PRADESH-201301.
REPRESENTED BY ITS MANAGING DIRECTOR 21. ZEE NEWS HINDI TV NEW CHANEL, ESSEL STUDIO, FC-19 SECTOR-16A, NOIDA UTTAR PRADESH-201301.
REPRESENTED BY ITS MANAGING DIRECTOR 22. NDTV INDIA HINDI NEW CHANEL, NEW DELHI TELEVISION LTD., 207 OKHLA INDUSTRIAL ESTATE PHASE-3, NEW DELHI-110020.
REPRESENTED BY ITS MANAGING DIRECTOR 23. TIMES OF INDIA No.40/1, 1ST FLOOR, S & B TOWERS M G ROAD, BENGALURU-560001.
REPRESENTED BY EDITOR 24. B-TV, A KANNADA NEWS CHANEL CRECENT ROAD, NEAR MALLIGE HOSPITAL BENGALURU-560001.
REPRESENTED BY ITS CHIEF EDITOR 25. THE NEW INDIAN EXPRESS EXPRESS BUILDINGS, 1 QUEENS ROAD, BENGALURU-560001 REPRESENTED BY ITS CHIEF EDITOR 26. PRAJAVVANI No.75, M G ROAD, BENGALURU-560001.
REPRESENTED BY ITS CHIEF EDITOR 27. THE HINDU No.19 & 21, BHAGWAN MAHAVEER ROAD, INFANTRY ROAD, BENGALURU-560001.
REPRESENTED BY ITS CHIEF EDITOR 28. KANNADA PRABHA No.18, CRESCENT ROAD, MADHAVA NAGAR, GANDHI NAGAR, BENGALURU-560001.
REPRESENTED BY ITS CHIEF EDITOR 29. SAMYUKTA KARNATAKA No.2, RESIDENCY ROAD, SHANTHALA NAGAR, ASHOK NAGAR, BENGALURU-560025 REPRESENTED BY ITS CHIEF EDITOR 30. VIJAYAVANI, SRI SAI RAM TOWERS, No.24, 3RD FLOOR, 5TH MAIN ROAD, CHAMRAJPET, BENGALURU-560018.
REPRESENTED BY ITS CHIEF EDITOR 31. HOSADIGANTA, No.126/1, 6TH CROSS ROAD, 1ST FLOOR, LOWER PALACE ORCHARDS, MALLESHWARAM WEST, BENGALURU-560003 REPRESENTED BY ITS CHIEF EDITOR 32. NEWS 18 GLOBAL BROADCAST NEWS, EXPRESS TRADE TOWER, PLOT No.15-16, SECTOR-16A NOIDA, UTTAR PRADESH STATE, INDIA-201301 REPRESENTED BY ITS CHIEF EDITOR 33. VISHWAVANI NEWS No.1687, BEML LAYOUT IDEAL HOMES LAYOUT, 5TH STAGE, RR NAGAR, BENGALURU-560098 REPRESENTED BY ITS CHIEF EDITOR 34. BENGALURU MIRROR, No.17, 6TH FLOOR DU PARC TRINITY MAHATMA GANDHI ROAD, BENGALURU-560025.
REPRESENTED BY ITS CHIEF EDITOR 35. VIJAYA KARNATAKA No.4, COMPOUND PAMPA, MAHAKAVI ROAD, CHAMARAJPET BENGALURU-560018.
REPRESENTED BY ITS CHIEF EDITOR 36. UDAYAVANI MANIPAL MEDIA NETWORK LTD UDAYAVANI BUILDING UDAYAVANI ROAD, MANIPAL – 576104. REPRESENTED BY ITS CHIEF EDITOR 37. SAMBRAMA TV PARAMOUNT BUILDING 4TH FLOOR, 80 FEET ROAD CHANDRA LAYOUT BENGALURU-560040 REPRESENTED BY ITS CHIEF EDITOR 38. FOCUS TV KANNADA NEW BEL ROAD, RMV 2ND STAGE OPPOSITE TO DEVASANDRA BUS STOP SANJEEVAPPA COLONY R.M.V. 2ND STAGE, BENGALURU-560094.
REPRESENTED BY ITS CHIEF EDITOR 39. TV1 NEWS 24/7 No.7, 1ST MAIN ROAD, LIC COLONY YESHWANTHPUT BENGALURU-560022 REPRESENTED BY ITS CHIEF EDITOR 40. SAMACHARA.COM No.315, GANJAM, III FLOOR 14TH CROSS, 9TH MAIN II BLOCK, JAYANAGAR BENGALURU-560011 REPRESENTED BY ITS CHIEF EDITOR 41. PRAJAA TV SHEZAN LAVELLE, No. 4TH FLOOR, No.15, WALTON ROAD, SHANTALA NAGAR, ASHOK NAGAR, BENGALURU-560001.
REPRESENTED BY ITS CHIEF EDITOR 42. VARTHA BHARATHI VALENCIA, VALENCIA CIRCLE VALENCIA ROAD, MANGALURU-575002.
REPRESENTED BY ITS CHIEF EDITOR 43. SANJE VANI HONEY HOUSE, No.11/2, NEXT TO SANJAYVANI, QUEENS ROAD, VASANTH NAGAR, BENGALURU-560052.
44. EE SANJE No.2/4, Dr. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU-560010. REPRESENTED BY ITS CHIEF EDITOR 45. DIGVIJAY NEWS 24X7 LALBAGH MAIN ROAD, VINOBHA NAGAR, SUDHAMA NAGAR, BENGALURU-560027 REPRESENTED BY ITS CHIEF EDITOR 46. REPUBLIC TV BOMBAY DYEING COMPOUND WORLI MUMBAI-400018 REPRESENTED BY ITS CHIEF EDITOR 47. ONE INDIA GREYNIUM INFORMATION TECHNOLOGIES PVT. LTD., NADATHUR PLACE, PLOT No.23 8TH MAIN ROAD, JAYANAGAR, BENGALURU-560011 REPRESENTED BY ITS CHIEF EDITOR 48. TV5 KANNADA No.130, LOOP ROAD, KUMARA OARK WEST SHESHADRIPURAM BENGALURU-560020 REPRESENTED BY ITS CHIEF EDITOR 49. INDIA TODAY, THE INDIA TODAY GROUP MEDIAPLEX, FC-8 SECTOR-16A, FILM CITY NOIDA, UTTARPRADESH-201301. REPRESENTED BY ITS CHIEF EDITOR 50. ABP NEWS ABP NEWS CENTRE No.301, BOSTON HOUSE, 3RD FLOOR, SUREN ROAD, ANDHERI – EAST MUMBAI-400093 REPRESENTED BY ITS CHIEF EDITOR 51. INDIA TV INDIA TV BROADCAST CENTRE B-30, SECTOR 85 NOIDA – 201305 UTTARPRADESH REPRESENTED BY ITS CHIEF EDITOR 54. M/S LANKESH PATHRIKE, KANNADA JOURNAL, No.5/2, UNIT No.001 TRUMP TOWER, EAGLE STREET LANGFORD TOWN, BANGALORE-560025 REPRESENTED BY ITS EDITOR 55. M/S HAI BENGALURU JOURNAL KANNADA JOURNAL 2, PADMANABHA NAGAR, 2ND STAGE, KADIRENAHALLI CROSS, BANASHANKARI, KADARENAHALLI BANGALORE-560070 REPRESENTED BY ITS EDITOR 56. M/S AGNI KANNADA JOURNAL, KANNADA JOURNAL, No.3/1, 9TH B MAIN ROAD, PRASHANTH NAGAR, ISRO LAYOUT, KANAKAPURA ROAD, BANGALORE-560062 REPRESENTED BY ITS EDITOR …RESPONDENTS (BY SRI VIJAYKUMAR A PATIL, AGA FOR R-1 TO R-3) **** This Writ petition is filed under Articles 226 and 227 of the Constitution of India praying to (i) Issue a Writ in the nature of Mandamus or any other Writ or Order directing the Respondent No.3 to hold fair, transparent and speedy investigation of complaint dated 05.11.2019 vide Annexure- A and to (ii) Issue a Writ in nature of Mandamus or any other Writ or Order of prohibition or postponement of Publication directing the media houses/webportals not to publish, telecast, circulate, webhost any news, article, report, programme etc. in any manner pertaining to Bishop K A William, Mysore District and any false, frivolous, vexatious and defamatory news directly or indirectly connected with the complaint dated 05.11.2019 before the Inspector, Mysore District (Respondent No.2) till the outcome of any Judgment, Order and finding from any competent Court of Law after trial, on completion of enquiry, investigation and Final Report by the Respondent No.2.
This writ petition coming on for preliminary hearing this day, the Court made the following.
O R D E R The petitioner in the present writ petition has sought for the following reliefs:
i) Issue a Writ in the nature of Mandamus or any other Writ or Order directing the Respondent No.3 to hold fair, transparent and speedy investigation of complaint dated 05.11.2019 vide Annexure-A.
ii) Issue a Writ in nature of Mandamus or any other Writ or Order of prohibition or postponement of Publication directing the media houses/webportals not to publish, telecast, circulate, webhost any news, article, report, programme etc. in any manner pertaining to Bishop K A William, Mysore District and any false, frivolous, vexatious and defamatory news directly or indirectly connected with the complaint dated 05.11.2019 before the Inspector, Mysore District (Respondent No.2) till the outcome of any Judgment, Order and finding from any competent Court of Law after trial, on completion of enquiry, investigation and Final Report by the Respondent No.2.
2. It is the case of the petitioner that on 5.11.2019 the unknown person made a complaint before the respondent – Police against Bishop K.A. William to tarnish his image and his institutions. On 6.11.2019, some news article has been published against the Bishop in the print and electric media. It is contended that Bishop K.A. William is a well known spiritual and religious person who is taking care of the society as well as the community people for the welfare of the society at large. He is a strong follower of Gandhism and is also propagating the principles of Mahatma Gandhi, the Father of the Nation. He has also established some charitable trusts for propagation of his thoughts and ideology. Some persons who are inimical towards Bishop K.A. William and his Institutions are trying to tarnish his image and reputation and his Institutions, by way of creating fabricated and concocted voice clippings with malafide intention. Without there being any basis, the Media Houses/Web-portals are trying to publish, telecast or print alleged issues and are also trying to hold media trial before the trial being conducted/concluded by the competent Court of law. Therefore, the petitioner is before this Court for the relief sought for.
3. I have heard the learned Counsel for the parties to the lis.
4. Sri Mahesh C.M., learned counsel for the petitioner contended with vehemence that the inaction on the part of Respondent Nos.1 to 3 – Police in conducting fair, transparent and speedy investigation and allowing the media houses from publishing, printing, telecasting, web hosting, broadcasting, circulating any of the report regarding the issue involved in the complaint lodged by the unknown person, in any manner is violative of fundamental rights, arbitrary, illegal and without jurisdiction. He further contended that the petitioner reliably learnt that the respondents and other media houses are trying to telecast, print, web-host, broadcast and circulate the news item mentioned therein without any basis or credibility. Absolutely, there is no investigation, enquiry, trial or orders from Court of law or investigating agency.
5. He further contended that Respondent Nos.1 to 3 have not taken any appropriate action against Respondent Nos.4 to 56 (press persons and electronic media), who are trying to publish false, baseless and reckless publications/news items which are defamatory in nature and the same will cause permanent irreparable damage, which cannot be compensated. The Respondent Nos.1 to 3 have not taken steps to protect the fundamental rights guaranteed under Articles 19 and 21 of the Constitution of India. Under the guise of freedom of press, media houses/webportals have started publishing false, baseless, reckless publications and telecasting the news item. Unfortunately there is no yardstick and effective controlling authority in this regard. Therefore, learned counsel for the petitioner sought to allow the writ petition.
6. Per contra, Sri Vijayakumar A. Patil, learned AGA on taking notice to Respondent Nos.1 to 3 contended that the 1st prayer sought by the petitioner is not maintainable as the petitioner is not the person who has lodged the complaint as per Annexure-A. In so far as the 2nd prayer is concerned, the petitioner is seeking the relief in the form of injunction against Respondent Nos.4 to 56 (press persons and electronic media) though they do not come under Article 12 of the Constitution of India within the meaning of the State and therefore, the writ is not maintainable. This Court cannot grant injunction in the present writ petition and the petitioner has to approach the appropriate competent Civil Court. Therefore, the 2nd prayer is also not maintainable and sought to dismiss the writ petition.
7. Having heard the learned counsel for the parties, the 1st prayer sought in the writ petition to direct the 3rd respondent to hold fair, transparent and speedy investigation of complaint dated 5.11.2019 as per Annexure-A, is not maintainable as the complainant is not the present petitioner and further, Annexure A-1 shows the offence stated in the complaint is non-cognizable. Therefore, the 1st prayer cannot be granted by this Court under writ jurisdiction.
8. In so far as the 2nd prayer is concerned, it is in the form of injunction based on the assumptions and presumptions and it is nothing, but seeking anticipatory bail by the petitioner against the Respondent Nos.4 to 56 (press persons and electronic media). If there is any publication made by Respondent Nos.4 to 56 tarnishing the image of Bishop K.A. William, the proper remedy for the petitioner is to go before the competent Civil Court to establish its case. In exercise of the powers under Article 227 of the Constitution of India, this Court cannot curb the Respondent Nos.4 to 56 – Media persons from discharging their duties, in terms of the provisions of Article 19(1)(a) of the Constitution of India. It is for the respondents to publish the news item based on the credibility of the information received and this Court cannot stall the media persons without there being any material produced before this Court except certain paper publications, which cannot be relied upon.
9. If Respondent Nos.4 to 56 proceed contrary to law beyond their limits based on the concocted and fabricated documents and published any articles with any ulterior motive to tarnish the image of Bishop K.A. William, the proper remedy is to approach the competent Civil Court in accordance with law. This Court exercising the writ jurisdiction, cannot stall Respondent Nos.4 to 56 to telecast or publish any news or information received by them, by way of injunction. Therefore, the petitioner has not made out any ground to issue writ of mandamus in exercise of powers under Articles 226 and 227 of the Constitution of India.
10. Learned counsel for the petitioner relied upon the judgment of the Hon’ble Supreme Court in the case of Sahara India Real Estate Corporation Limited and others vs. Securities and exchange Board of India and another reported in (2012)10 SCC 603 (paragraphs 32, 36 and 46). The Hon’ble Supreme Court while considering coverage of Court proceedings when matters are already ceased before the Court, issued certain guidelines to the media persons that they should not held any media trial before the trial being concluded by the competent Court of law. Admittedly in the present case, the petitioner has not approached any Civil Court or any authority for restraining the media persons from publication or telecasting any news item with regard to information they obtained in respect of Bishop K.A. William. In the absence of any material or order produced by the petitioner, the judgment relied upon by the learned counsel for the petitioner has no application to the facts of the present case. Admittedly, the present writ petition filed is in the form of seeking injunction against press and electronic media from publishing any news pertaining to Bishop K.A. William. This Court cannot grant any injunction restraining the media persons to proceed in accordance with law. The petitioner has not made out any ground to grant the reliefs sought for in the writ petition. Accordingly, the writ petition is dismissed.
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JUDGE