K M NATARAJ ADVOCATE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two petitions are presented as public interest litigation by the lovers of the game of cricket, who are practising advocates before this Court and who are interested in viewing the Wills World Cup' Cricket, 1996. Though in these petitions they have prayed for a direction to the respondents not to apply power cut/ load shedding during the telecast hour of the 'Wills World Cup' Crieket, 1996, commencing from l4th February, 1996 to l7th March, 1996; at hearing of the petitions Sri S. P. Shankar, learned counsel along with Sri M. Sudhakar Pai, appearing for the petitioners in W.P. No.3292/96 (hereinafter referred to as the 'learned counsel for petitioners') and Sri Madan Mohan M. Khannur and Sri Ramakanth v. Shinde, Advocates appearing in person (hereinafter referred to as the 'petitioners') submitted that they would confine their relief in these petitions only for a direction to the respondents for reschedule of power cut/ load shedding during the cricket telecast hours.

(2.) Sri S. P. Shankar, learned counsel for the petitioners and the petitioners submitted that the power cut notified by the respondents, if it is given effect to during the telecast hours of the 'Wills World Cup' Cricket, 1996, commencing from l4th February, 1996 to l7th March, 1996, it would seriously affect their right to information guaranteed under Art. 19(1)(a) of the Constitution of India and the said right cannot be infringed except by imposing reasonable restrictions as provided under sub-clause (2) of Art. 19 of the Constitution of India. They submitted that the freedom of speech and expression guaranteed under Art.l9(1)(a), guarantees the right to information and right to receive knowledge through electronic media relating to telecast of 'Wills World Cup' Cricket, 1996. It is submitted that imposition of power cut or depriving the public of their right to view the telecast of 'Wills World Cup' Cricket, 1996, which is a mega event, without properly rescheduling the timings relating to power cut to enable the public to view the World Cup Cricket would amount to depriving the citizens of this country who are residing in this State, the right to freedom of information guaranteed to them under Art. 19(1)(a) of the Constitution of India. It is also urged that if for any reason, the direction as sought for by the petitioners cannot be granted, at least a direction may be given to the respondents to adhear to the proposal made by the second respondent to reschedule the supply of electricity as per the notification issued, which has been published in the local dailies on 13-2-1996, the copy of which has been made available by the learned senior counsel appearing for the second respondent-K.E.B. to the Court.

(3.) In support of the contention that imposition of power cut would seriously affect the right guaranteed under Art. 19(1)(a) of the Constitution of India, the learned counsel for the petitioners, relied upon a decision of the Supreme Court in the case of Secretary, Ministry of Information and Broadcasting, Government of India v. Cricket Association of Bengal reported in AIR 1995 SC 1236, wherein the Supreme Court has taken the view that the freedom of speech and expression includes right to acquire information and disseminate it, and broadcasting is a means of communication, and sports is an expression of self. In the background of the submission made by the learned counsel for the petitioners, it may be useful to extract the relevant portion of paragraph 17 of the judgment, cited supra, which reads as follows :