The Delhi High Court today reserved its decision on web portal Cobrapost's appeal against a single judge order restraining it from making public a documentary alleging that various media houses have indulged in unethical practices like paid news.
A bench of Justices S Ravindra Bhat and A K Chawla said it will pronounce its verdict in a few weeks after hearing arguments on behalf of the web portal and Dainik Bhaskar Corporation Ltd, on whose plea the single judge's order had come.
During the arguments, the court asked Dainik Bhaskar (DB) why an interim stay order should continue in its favour when 44 other publications have not enjoyed the same benefit.
Senior advocate Sajan Poovayya, appearing for DB, contended that the sting operation carried out by a journalist of the portal amounted to entrapment and added that the single judge should decide if the interim order should continue to operate or not.
The bench, however, appeared to disagree as it said that when a public official is caught in a sting, he looks like a deer caught in the headlights of a vehicle, but when it was a journalist or a publication, "then you call it entrapment".
The court also said that "whistleblowers come in different forms".
It further said,"You (media) are in the game. You are out to unravel what everyone else is doing. You are as much a public figure as a politician" and asked "Since when have pressmen become so thin skinned?"
Senior advocate Kapil Sibal, appearing for the portal and its journalist, said had DB responded to the questionnaire sent to it, then its response would have been carried on the website.
He said his clients were even now willing to carry the response of DB if it gives the same and added that there cannot be a gag order as was issued in the present case.
DB's lawyer contended that a gag order was necessary in the present case as independent editorial control, as seen in other print and electronic media, was missing in "desktop publications" like the Cobrapost.
The single judge had on May 24 restrained Cobrapost from making public its documentary, titled 'operating 136: Part II', on DB's plea.
In its appeal, the Cobrapost, operated by non-profit organisation Forum for Media and Literature, has said it was a matter of freedom of speech and the single judge had granted ex-parte injunction and stayed the documentary mechanically.
DB had argued before the single judge that if released, the documentary would cause irreparable loss and injury to its reputation.
The portal had, however, released the documentary, but without any reference to Dainik Bhaskar.
The single judge had issued summons to the Forum for Media and Literature and others and is expected to hear the matter tomorrow.
Cobrapost had carried a story titled Operation 136: Part I on 17 media houses and alleged malpractices, including paid news, peddling of communal agenda and acceptance of black currency. It was released on March 26.
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