The Madras High Court on Thursday
refused to stall publication of newspapers and dismissed a plea challenging the exemption given to print and electronic media from the national lockdown for coronavirus, observing a vibrant media was an asset for a democratic country like India.
Rejecting the petitioner's contention that coronavirus can spread through newspapers and hence they should not be published till the pandemic subsided, the court said mere apprehension or least probability cannot be a ground to prohibit the publication of newspapers.
It would amount to violation of the fundamental rights, of not only the Publisher, Editor but also the readers, guaranteed under Article 19(1)(a) of the Constitution, a bench comprising Justice N.Kirubakaran and Justice R Hemalatha said.
A vibrant media is an asset for any democratic country like India. In the past, during the independence struggle, it played a vital role to form opinion against the British Rule. Subsequently also, the role of media against the dark period of democracy (emergency during 1975-77) is laudable," the bench said in its order.
Noting that the print media echoes the views of the people, the court said it was also the watchdog of the government, bringing out the misdeeds and corrupt practices at the highest level in the administration.
It referred to Supreme Court orders, including a January 10 this year judgement Anuradha Bhasin v. Union of India which upheld the freedom of press.
Concurring with the arguments of Tamil Nadu Additional Advocate General PH Aravind Pandiyan, the bench said it was evident from records and also from the Media that spreading of virus through Newspapers or through paper surface "is not that much extensive."
As rightly pointed out by the AAG, research in this field was very limited and minimal.
When the researches have not been extensively made and not conclusively decided if the print media was going to be restrained, it would go against the fundamental rights of the citizens of the country.
"Mere apprehension or least probability cannot be a ground to prohibit the publication of newspapers as it would amount to violation of the fundamental rights, of not only the publisher, editor but also the readers, guaranteed under Article 19(1)(a) of the Constitution, it added.
Petitioner T Ganesh Kumar had argued that there was a possibility of spread of coronavirus if the newspaper delivery boy was infected with it.
The AAG relying on the opinion provided by T Jacob John, Pprofessor of Virology, Christian Medical College, Vellore, added spread of virus through newspapers or papers was a least probability.
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