SRINIVAS MOHANTY Vs. RADHANATH RATH

JUDGEMENT

(1.) Expressing concern for the scurrilous manner in which certain news items have been published in two newspapers, one of them being the oldest and most reputed newspaper of the State, these applications have been filed. As the applications involve almost identical prayers they are taken up together for disposal. It is alleged that in the name of freedom of press, and fair reporting of news borders of decency have been over-stapped, and a distorted version has been presented which has lowered the image of judiciary, and therefore, clearly attracts stringent action.

(2.) The Press plays a vital role in the administration of justice. It is the watchdog to see that every trial is conducted fairly, openly and above board. But the watchdog may sometimes break loose and have to be punished for misbehaviour. These words in the Learned Judge Lord Denning, M. R.'s book Road to Justice, (1955) page 78 have become locus classicus. Press occupies a vital place in the modern society. Press in this country has risen to great heights in the past. In the past when we were under foreign domination, press on the one hand awakened human consciousness towards their rights to freedom and liberty, and on the other hand posed a threat to the foreign rulers of being exposed wherever they did any act of high handedness. Yet, any institution when misused is bound to do more harm than good. Press too in the zeal of either helping the victim of oppression, or in exposing the oppressor entered into the field of investigations or trial of a pending case. It was here that the conflict with the judiciary came and cases for contempt of Court were started. In 1954, a Press Commission was appointed, which enquired into all matters connected with the working of Press and all aspects of Journalism. One of the matters considered was contempt of Court, and contempt of Legislature.

(3.) The freedom of the press is basically the freedom of the individuals to express themselves through the medium of press. This implies that the freedom of press is not superior to that of an individual. In fact this freedom is fundamental to the life of an individual. In the words of Williams Blackstone,