C DINAKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this PIL, when the matter was not listed before Court nor any notice of admission was issued to the respondents, a Press item was published in Indian Express on 21-11-2001 as "dinakar files PIL against city Police" and in Deccan Herald on 22-11-2001. When the matter came up for admission on 22-11-2001, the petitioner-C. Dinakar was present before Court and this Court asked the petitioner as to how the matter came in the press. He stated that the contents of the writ petition were not published at his instance and further sought time to file affidavit within two days. An affidavit was filed on 26-11-2001 stating that he has not spoken to any member or correspondent of the media or newspaper and no information was given about this petition by him to the press. Office was directed to issue notices immediately to the concerned correspondents of Indian Express and Deccan Herald to show cause and to explain as to how they have published the contents of the writ petition without it being listed before Court and admitted.

(2.) THE matter was posted on 29-11-2001. KN. Shanthakumar, Editor of Deccan Herald and Shantanu Datta, Editor of Indian Express (Karnataka) were present before Court and identified by the senior learned counsel Sri Ramdas and they sought time to file counter with regard to the fact at whose instance this news item was published in their respective newspapers before the matter was listed before Court. The matter was posted to 4-12-2001. On 4-12-2001 the petitioner and the editors of newspapers remained absent. However, junior Counsel of M/s. Sundaraswamy, Ramdas and Anand sought for time and the case was listed on 19-12-2001. Petitioner remained absent on 19-12-2001 and on 7-1-2002. Again on 9-1-2002, the petitioner as well as the Editors of the newspapers were absent. Court found the affidavit filed was not sufficient in the absence of any specific averment as to at whose information the news item has been published by the editors. On 13-12-2001 K. R. Balasubramanyam, Special Correspondent of Express Publications, filed affidavit stating that he came to know about the news from usual news gathering from the Advocates circle and placed the matter before Editorial Board who took decision to publish the same in good faith. On 26-2-2002 an affidavit was filed by Shantanu Datta, Resident Editor, stating that he has no intention to lower the reputation of the Court, but the same was published in good faith 'as the matter was eagerly awaited by the public and was a sensational news for Bangaloreans'. Another affidavit was filed by Shantanu Datta on 5-4-2002 stating that the publication was made not to lower the image of High Court and tendered unconditional apology. Today, he has filed one more affidavit tendering unconditional apology.

(3.) LEARNED Counsels for Deccan Herald M/s. Sundaraswamy and ramdas filed affidavit of Sri KN. Shantha Kumar, Editor, on 14-12-2001 stating that as the case was filed in Court Registry on 20-11-2001 and the cause list was put on the internet on 21-10-2001 which is available for perusal after 6. 30 p. m. every day. During the course of collecting information by newspapers, information from several sources come to it. On review, the paper decides as to which matter should be published and which is not to be published. It is also stated in fact Indian Express had published the news item in their issue dated 5-11-2001 wherein the petitioner had expressed his views in respect of the plans unfolded by the Police Commissioner by a press statement. It is stated that statement made is nothing but an information and it is not for the first time information regarding filing of writ petition has been published but they are publishing such information which concern public at large. Mere publication will not come in the way of administration and dispensation of justice. However, he submits he has highest regard for the orders of the Court and has no intention to violate any Court order. Thereafter, another affidavit was filed on 4-2-2002 by Shantha Kumar, Editor, stating that he got information through the members of the Bar and through the news item published in Indian Express on 21-11-2001. It is further stated that it is not possible to mention the name of persons who disclosed the contents and the reporters who gave information. It is further stated that 'no written statement signed by the individual is taken nor name of any person from whom the information is collected is noted down before publishing any news item'.