JANAADHIKAARA SANGHARSHA PARISHATH Vs. CHAIRPERSON

JUDGEMENT

(1.) The petitioner is stated to be a non-governmental, non-profit organization constituted to fight against corruption prevailing in various systems of our country, to uphold and secure fundamental and legal rights of the citizens of our country and to uplift socially and economically oppressed classes. According to the petitioner, the deadly virus called Corona also known as Covid-19 has engulfed the globe and India is also affected by the said pandemic. As a result, several steps have been taken to control the pandemic by various governmental and other authorities. That travel advisories have also been issued by the Government of India in consultation with World Health Organization (WHO) containing various protocols to be followed by both the Authorities as well as passengers. The advisories issued by the Ministry of Health and Family Welfare, Government of India, as well as Ministry of Home Affairs, Government of India on 11.03.2020 have also been adverted to by the petitioner.

(2.) That, even prior to that, the Ministry of Information and Broadcasting, Government of India has issued an advisory on 25.02.2020 to all private television channels as per Cable Television Networks (Regulation) Act , 1995 (hereinafter referred to as 'the Act', for the sake of brevity). In that regard, it is the case of the petitioner that the television channels have violated not only the advisories issued from time to time by the Union Government, but also the provisions of the Act and the Rules made thereunder. In the above background, the petitioner made representation under the Act as per Annexure-K which is dated 23.04.2020 to the Authorized officer/Commissioner of Police, Bangalore City, Bangalore-1, which is a complaint made against certain Media Houses. But there is deliberate inaction on the part of the respondents under the provisions of the Act and the Rules made thereunder in the context of Covid-19 Pandemic which has engulfed the country including the State of Karnataka. The grievance of the petitioner is that the authorized officer/Commissioner of Police - respondent No.2 herein under the Act has not acted upon the complaint inasmuch as the said complaint has not even been registered. Hence, a direction is sought against respondent Nos.2 and 3 to register the complaint on the basis of Annexure-K against erring print media news channels and digital media.

(3.) The petitioner has sought another direction to the Karnataka State Disaster Management Authority, represented by its Chief Secretary to register appropriate complaint before respondent Nos.2 and 3 under the provisions of Section 54 of the Disaster Management Act, 2005 (hereinafter called "Act of 2005") as per complaint at Annexure-L against erring print media news channels and digital media. Annexure-L - complaint is made to the Hon'ble Chairperson and Chief Minister of Karnataka, Karnataka State Disaster Management Authority, Vidhana Soudha, Bengaluru - 1. The complaint is against Media houses for creating false alarms or warnings in respect of corona disaster which has led to a panic among certain sections of the society.