IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.38940-38941 OF 2019(GM-RES) Between:
1. SRI.VINAYA GURUJI BHAKTHA SAMITHI DATTATREYA ASHRAMA GOWRIGADDE HARIHARAPURA POST, KOPPA TALUK CHIKKAMAGALURU DISTRICT - 577120 REP BY IT’S PRESIDENT SRI.BOLOOR RAGHAVENDRA SHETTY AGED ABOUT 40 YEARS S/O SANJEEVA SHETTY B R R/AT S-1, 2ND FLOOR PARK ROAD, TASKER TOWN BENGALURU NORTH, HKP ROAD BENGALURU – 560051 2. SRI.VINAY C S S/O SURESH C S AGED ABOUT 32 YEARS R/AT LAXMI NILAYA C/O NANAJAIAH CHANNAPURA ROAD KOTE, CHIKKAMAGALURU – 577101 … PETITIONERS (BY SRI.ARUNA SHYAM.M, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU – 560001 2. THE SUPERINTENDENT OF POLICE CHIKKAMAGALURU CHIKKAMAGALURU DISTRICT – 577101 3. INSPECTOR DISTRICT CRIME INTELLIGENCE BUREAU CHIKKAMAGALURU CHIKKAMAGALURU DISTRICT - 577101 4. THE PUBLISHERS AND BROADCASTERS WELFARE ASSOCIATION OF KARNATAKA C/O PRESS CLUB BENGALURU - 560001 REP BY ITS SECRETARY 5. FACEBOOK INDIA ONE BKC, BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI, MAHARASHTRA - 400051 REP BY ITS CHIEF EXECUTIVE OFFICE 6. PUBLIC TV WRITEMEN MEDIA PVT LTD NO 57, 4TH MAIN, MLA LAYOUT, R T NAGAR BENGALURU - 560032 REPRESENTED BY ITS CHAIRMAN AND MANAGING EDITOR - SRI H R RANGANTH 7. TV-9 KANNADA NO.13, RHENIUS STREET, RICHMOND TOWN BENGALURU - 560025 REPRESENTED BY ITS MANAGING DIRECTOR 8. NEW 9 NO.13, RHENIUS STREET, RICHMOND TOWN BENGALURU - 560025 REPRESENTED BY ITS MANAGING DIRECTOR 9. NEWS 18 KANNADA 4TH FLOOR, SILVER JUBILEE BLOCK, CSI COMPOUND UNITY BUILDING, 3RD CROSS MISSION ROAD, BENGALURU - 560027 REPRESENTED BY ITS MANAGING DIRECTOR 10. SUVARNA NEWS 24 X 7 ASIANET NEWS PVT LTD NO.204, EMBASSY SQUARE NO.148, INFANTRY RAOD, BENGALURU – 560001 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-560 001 REPRESENTED BY ITS MANAGING DIRECTOR 13. RAJ NEWS KANNADA NEAR AMBEDKAR AUDITORIUM VASANTH NAGAR BENGALURU-560 001 REPRESENTED BY ITS MANAGING DIRECTOR 14. CNN IBN ENGLISH T V NEWS CHANEL GLOBAL BROADCAST NEWS EXPRESS TRADE TOWER PLOT NO.15-16, SECTOR-16-A NOIDA-201 301, UTTAR PRADESH REPESENTED BY ITS MANGING DIRECTOR 15. TIMES NOW ENGLISH TV NEWS CHANEL TIMES GLOBAL BROADCASTING COMPANY LTD. TRADE HOUSE, FIRST FLOOR SENAPATHI, BAPATMARG LOWER PAREL, MUMBAI-400 013 REPRESENTED BY ITS MANAGING DIRECTOR 16. HEADLINES TODAY ENGLISH TV NEWS CHANEL THE INDIA TODAY GROUP “MEDIAPLEX”, FC-8 SECTOR -16A, FILM CITY NODIA-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 NODIA, UTTAR PRADESH-201 301 REPRESENTED BY ITS MANAGING DIRECTOR 18. NDTV 24X7 ENGLISH TV NEWS CHANEL NEW DELHI TELEVISION LTD., 207, OKHLA INDUSTRIAL ESTATES PHASE-3, NEW DELHI-110 020 REPRESENTED BY ITS MANAGING DIRECTOR 19. NEWS X ENGLISH TV NEWS CHANEL B-4, SECTOR-3 NOIDA, UTTAR PRADESH - 201 301 REPRESENTED BY ITS MANAGING DIRECTOR 20. NEWS 24 (INDIA) HINDI T V NEWS CHANEL, B A G FILM & MEDIA LTD, FC 23, SECTOR 16-A, FILM CITY, NOIDA, UTTAR PRADESH - 201 301, REP BY ITS MANAGING DIRECTOR 21. ZEE NEWS HINDI T V NEWS CHANEL, ESSEL STUDIO, FC-19, SECTOR 16-A, NOIDA, UTTAR PRADESH - 201 301, REP BY ITS MANAGING DIRECTOR 22. NDTV INDIA HINDI NEWS CHANEL, NEW DELHI TELEVISION LTD, 207, OKHLA INDUSRIAL ESTATE, PHASE-3, NEW DELHI 110020, REP BY ITS MANAGING DIRECTOR 23. TIMES OF INDIA NO. 40/1, 1ST FLOOR, S & B TOWERS, M G ROAD, BENGALURU - 560001. REP BY EDITOR 24. B-TV, A KANNADA NEWS CHANNEL CRECENT ROAD, NEAR MALLIGE HOSPITAL, BENGALURU - 560001.
REP. BY ITS CHIEF EDITIOR, 25. THE NEW INDIAN EXPRESS EXPRESS BUILDINGS, 1, QUEEN ROAD, BENGALURU - 560001.
REP BY ITS CHIEF EDITOR, 26. PRAJAVAANI NO. 75, M G ROAD, BENGALURU 560001.
REP BY ITS CHIEF EDITOR, 27. THE HINDU NO. 19 & 21, BHAGWAN MAHAVEER ROAD, INFANTRY ROAD, BENGALURU - 560001.
REP BY ITS CHIEF EDITOR 28. KANNADA PRABHA NO. 18, CRESCENT ROAD, MAHADEVA NAGAR, GANDHI NAGAR, BENGALURU - 560001.
REP BY ITS CHIEF EDITOR 29. SAMYUKTA KARNATAKA NO. 2, RESIDENCY ROAD, SHANTHALA NAGAR, ASHOK NAGAR, BENGALURU 560025.
REP BY CHIEF EDITOR 30. VIJAYAVANI SRI. SAIRAM TOWERS, NO. 24, 3RD FLOOR, 5TH MAIN ROAD, CHAMARAJPET, BENGALURU - 560018.
REP BY ITS CHIEF EDITOR 31. KARAVALI ALE NO. 400 C, BAIKAMPADY INDUSTRIAL ESTATE, BAIKAMPADY, MANGALORE - 575 011. REP BY ITS CHIEF EDITOR, 32. KANNADA JANANTARANGA PLOT NO. 26-27, KSSIDC INSUDTRIAL AREA, HEGDE ROAD, KUMTA, UTTARA KANNADA DISTRICT – 581 343 REP BY ITS CHIEF EDITOR 33. HOSADIGANTA, NO.126/1, 6TH CROSS ROAD 1ST FLOOR, LOWER PALACE ORCHARDS MALLESHWARAM WEST BENGALURU – 560 003 REPRESENTED BY ITS CHIEF EDITOR 34. NEWS 18 GLOBAL BROADCAST NEWS EXPRESS TRADE TOWER PLOT NO.15-16, SECTOR – 16A NOIDA, UTTAR PRADESH STATE INDIA – 201 301 35. VISHWAVANI NEWS NO.1687, BEML LAYOUT IDEAL HOMES LAYOUT 5TH STAGE, RR NAGAR BENGALURU – 560 098 REPRESENTED BY ITS CHIEF EDITOR 36. BENGALURU MIRROR NO.17, 9TH FLOOR DU PARC TRINITY MAHATMA GANDHI ROAD BENGALURU – 560 025 REPRESENTED BY ITS CHIEF EDITOR 37. VIJAYA KARNATAKA NO.4, COMPOUND PAMPA MAHAKAVI ROAD CHAMARAJPET BENGALURU – 560 018 REPRESENTED BY ITS CHIEF EDITOR 38. UDAYAVANI MANIPAL MEDIA NETWORK LTD UDAYAVANI BUILDING UDAYAVANI ROAD MANIPAL – 576 104 REPRESENTED BY ILTS CHIEF EDITOR 39. SAMBRAMA TV PARAMOUNT BUILDING 4TH FLOOR, 80 FEETROAD CHANDRA LAYOUT BENGALURU – 560 040 REPRESENTED BY ITS CHIEF EDITOR 40. FOCUS TV KANNADA NEW BEL ROAD RMV 2ND STAGE OPPOSITE TO DEVASANDRA BUS STOP SANJEEAPPA COLONY R.M.V. 2ND STAGE BENGALURU – 560 094 REPRESENTED BY ITS CHIEF EDITOR 41. TV 1 NEWS 24/7 NO.7, 1ST MAIN ROAD LIC COLONY, YESHWANTHPUR BENGALURU – 560 022 REPRESENTED BY ITS CHIEF EDITOR 42. SAMACHARA.COM NO.315, GANJAM, III FLOOR 14TH CROSS, 9TH MAIN II BLOCK, JAYANAGAR BENGALURU – 560 011 REPRESENTED BY ITS CHIEF EDITOR 43. PRAJAA TV SHEZAN LAVELLE, 4TH FLOOR NO.15, WALTON ROAD SHANTHALA NAGAR ASHOK NAGAR BENGALURU – 560 001 REPRESENTED BY ITS CHIEF EDITOR 44. VARTHA BHARATHI VALENCIA, VALENCIA CIRCLE VALENCIA ROAD MANGALURU – 575 002 REPRESENTED BY ITS CHIEF EDITOR 45. SANJEVANI HONEY HOUSE NO.11/2, NEXT TO-SANJAYVANI QUEENS ROAD, VASANTH NAGAR BENGALURU – 560 052 REPRESENTED BY ITS CHIEF EDITOR 46. EE SANJE NO.2/4, DR. RAJKUMAR ROAD RAJAJI NAGAR BENGALURU – 560 010 REPRESENTED BY ITS CHIEF EDITOR 47. DIGHVIJAY NEWS 24X7 LALBAGH MAIN ROAD VINOBHA NAGAR SUDHAMA NAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF EDITOR 48. REPUBLIC TV BOMBAY DYEING COMPOUND WORLI MUMBAI – 400 018 REPRESENTED BY ITS CHIEF EDITOR 49. ONE INDIA GREYNIUM INFORMATION TECHNOLOGIES PVT. LTD., NADATHUR PLACE, PLOT NO.23 8TH MAIN ROAD, JAYANAGAR BENGALURU – 560 011 REPRESENTED BY ITS CHIEF EDITOR 50. TV5 KANNADA NO.130, LOOP ROAD KUMARA PARK WEST SHESHADRIPURAM BENGALURU – 560 020 REPRESENTED BY ITS CHIEF EDITOR 51. INDIA TODAY, THE INDIA TODAY GROUP, MEDIAPLEX, FC-8, SECTOR-16A, FILM CITY, NOIDA, UTTAR PRADESH – 201 301. REPRESENTED BY ITS CHIEF EDITOR 52. ABP NEWS, ABP NEWS CENTER NO.301, BOSTON HOUSE, 3RD FLOOR, SUREN ROAD, ANDHERI – EAST, MUMBAI – 400 093 REPRESENTED BY ITS CHIEF EDITOR 53. INDIA TV, INDIA TV BROADCAST CENTRE B-30, SECTOR 85 NOIDA – 201 305, UTTAR PRADESH REPRESENTED BY ITS CHIEF EDITOR 54. M/S LANKESH PATHIREK, KANNADA JOURNAL, NO.5/2, UNIT NO.001, TRUMP TOWER, EAGLE STREET, LANGFORD TOWN, BENGALURU – 560 025 REP. BY ITS EDITOR.
55. M/S.HAI BENAGALURUJOURNAL, KANNADA JOURNAL, 2, PADMANABHA NAGAR, 2ND STAGE, KADIRENAHALLI CROSS, BANASHANKARI, KADARENAHALLI, BENGALURU – 560 070 REP. BY ITS EDITOR 56. M/S.AGNI KANNADA JOURNAL, KANNADA JOURNAL, NO.3/1, 9TH B MAIN ROAD, PRASHANTH NAGAR, ISRO LAYOUT, KANAKAPURA ROAD, BENGALURU – 560 062. REP. BY ITS EDITOR 57. M/S CHALAGARA NEWS JOURNAL, THIRTHAHALLI TOWN, THIRTHAHALLI, SHIVAMOGGA – 577 432 REP. BY ITS EDITOR 58. M/S. BELAGINA VIDHATHA NEWS JOURNAL, THIRTHAHALLI TOWN, THIRTHAHALLI, SHIVAMOGGA – 577 432 REP. BY ITS EDITOR 59. M/S. NIMMA ABHIMATHA NEWS JOURNAL, KUNDAPURA TALUK, KUNDAPURA, UDUPI DISTRICT – 576 101. REP. BY ITS EDITOR 60. M/S CHALUKYA NEWS JOURNAL, KUNDAPURA TOWN, KUNDAPURA, UDUPI DISTRICT – 576 101.
REP. BY ITS EDITOR 61. SUDDIMANE NEWS JOURNAL, KUNDAPURA TOWN, KUNDAPURA, UDUPI DISTRICT – 576 101.
REP. BY ITS CHIEF EDITOR 62. M/S JANAPRATHINIDHI NEWS JOURNAL, KUNDAPURA TOWN, KUNDAPURA, UDUPI DISTRICT – 576 101.
REP. BY ITS CHIEF EDITOR.
63. M/S.KUNDAPURA NEWS JOURNAL, KUNDAPURA TOWN, KUNDAPURA, UDUPI DISTRICT – 576 101.
REP. BY ITS CHIEF EDITOR.
…RESPONDENTS (BY SRI.R.SUBRAMANYAM, ADDL. ADV. GENERAL FOR SRI.B.BALAKRISHNA, AGA FOR R1 TO R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING DIRECT THE R-3 TO HOLD FAIR, TRANSPARENT AND SPEEDY INVESTIGATION OF COMPLAINT DATED: 15.01.2018 VIDE ANNEXURE-A AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Aruna Shyam M, learned counsel for the petitioners.
Sri.R.Subramanyam, learned Additional Advocate General for Sri.B.Balakrishna, learned Additional Government Advocate for respondent Nos.1 to 3.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent Nos.4 to 63.
The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. In these petitions, the petitioners inter alia have prayed 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 15.01.2018 vide Annexure-A.
(ii) Issue a writ in the 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 Sri.Vinaya Guruji and Dattatreye Ashram Gowrigadde, Chikkamagaluru District and any false, frivolous, vexatious and defamatory news directly or indirectly connected with the complaint dated 15.01.2018 lodged by the petitioner No.2 before the Inspector, District Crime Intelligence Bureau Chikkamagaluru (Respondent No.3) 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.3.’ 3. When the matters were taken up today, learned counsel for the petitioners submitted that the writ petitions be disposed of with a direction to respondent No.3 to hold a transparent and speedy investigation in respect of the complaint filed by the petitioner No.2 dated 15.01.2018.
4. On the other hand, Sri.R.Subramanyam, learned Additional Advocate General submitted that suitable action on the complaint filed by the petitioner No.2 in accordance with law shall be taken.
5. At this stage, learned counsel for the petitioners submitted that the petitioners be granted liberty to approach the Civil Court with regard to relief ‘(ii)’ claimed in the petitions. The petitioners are permitted to do so.
6. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction to respondent No.3 to hold fair, transparent and speedy investigation into the complaint filed by petitioner No.2 dated 15.01.2018 preferably within a period of three months from today.
7. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE dn/-