SAJAN VARGHESE Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is the Director of a company running a news and current affairs channel. On 26.03.2017, in the course of a live discussion, an audio clip of the conversation of a lady with one of the State Ministers was telecast in the channel. The conversation contained in the audio clip which was telecast was a conversation having sexual connotations and the Minister had to resign consequent on that telecast. The police registered two cases against the Chief Executive Officer of the channel alleging offences punishable under Section 120B of the Indian Penal Code and Section 67A of the Information Technology Act, 2000 in connection with the telecast and the investigation in the said cases is going on. The lady with whom the Minister had the conversation, filed a private complaint against the Minister before the Magistrate Court concerned alleging commission of offences punishable under Sections 354D of the Indian Penal Code and Section 66 of the Information Technology Act and the said case is pending. While so, as per Ext.P6 notification, the State Government has appointed a Commission of Inquiry under the Commissions of Inquiry Act, 1952 ('the Act') for inquiring into the following matters :

(2.) Heard the learned Senior Counsel for the petitioner and the learned State Attorney.

(3.) Sub-section (1) of Section 3 of the Act dealing with the power of the appropriate Government to order an inquiry under the Act reads thus :