The recent High Court ruling by the Delhi court sends out the rock-solid message of support for free speech and freedom of the press, which firmly confronts the plans to curb the press or to exercise unfavourable controls on expression. In an important case, the court had to punish a petitioner with a fine of 1 lakh for attempting to control news channels against airing sensational headlines highlighting arrests of Chief Minister Arvind Kejriwal or quoting reasons for his resignation.
Acting Chief Justice Manmohan’s remarks during the proceedings were particularly striking, as he questioned the petitioner’s plea for a gag order against the press, invoking scenarios like imposing emergency measures, censorship, or even martial law. The court’s disapproval was evident as it emphasized the importance of upholding fundamental rights and rejected the notion of intervening in political rallies or statements demanding Kejriwal’s resignation.
Advocate Shrikant Prasad convincingly justified why the petitioner believed partisan media broadcasts and political demonstrations sent messages they should be protected from in a court of law. Nevertheless, the court didn’t change its opinion because it didn’t give authority to the new restrictions or the media.
Moreover, the court also turned down Prasad’s plea, that is, to come off from Kejriwal’s arrest and rule via video conferencing, saying that these court proceedings are related to Kejriwal’s arrest and are already ongoing in the Supreme Court at present. In its bench, the court illustrated the limited authority in this sphere as well as it emphasized that the institution itself cannot impose the subject matter on the media or meddle with the political dispute.
The ruling can be placed within a wider legal framework, where the courts are known to be punctilious, act according to the mandate of democratic principles, and refrain from encroaching into areas that fall exclusively within the realm of governance. It mirrors the earlier judgment of the high court dismissing public petitions to remove Mr Kejriwal from office, underscoring the discretionary powers that constitutional figures such as the Lieutenant Governor have.
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