An independent press, which enjoys freedom of expression, cannot be made to succumb before myopic opinions of certain individuals, a Delhi court said today.
Metropolitan Magistrate Abhilash Malhotra made the observation while dismissing a plea to prosecute a leading English daily, alleging that it was promoting enmity between different castes and groups by publishing news of people belonging to certain caste in a sensational manner.
The court said the complaint filed by an advocate lacked merits and it was "nothing but an attempt to encroach upon the freedom of press".
"The press enjoys freedom of expression and an independent and impartial press cannot be made to succumb before the subjective reservations or myopic opinions of certain individuals. The job of editors of newspapers cannot be turned into mere stenography writing only euphonic reports suiting to individual needs," it said.
The court further said the press is "flawlessly" performing its bounden duty to report the events, criticise the policies, to act as whistle blower and guide the nation towards prosperity.
The plea had alleged that publication of provocative news by the newspaper was promoting enmity, disharmony and hatred among different communities of Hindu society and cited norms set for newspapers for usage of caste and religion.
Public Prosecutor Darvesh Yadav opposed the complaint saying that in the news item, the press had done its duty to bring before the people the true picture of events and sufferings faced by people belonging to a particular community.
The magistrate, in the order, said the news items relied upon by the complainant merely shows that the newspaper had made a sincere attempt to report the facts pertaining to disputes between different groups on the ground of religion, race, place of birth, residence and language.
"No prejudice has been caused in the maintenance of harmony after such publication. No ingredient at all of causing prejudice to national integrity has surfaced. The Indian society comprises of caste system.
"Reservations have been recognised to uplift the scheduled communities to bring them at par with the main stream. Our laws have recognised the freedom struggle's principles of 'Antyodaya and Sarvodaya'," the court said.
It added that in cases where there are communal disputes, clashes between people from various castes, religions and factions, the media in order to give a clear picture to the readers have to make certain references.
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