The Karnataka High Court, Dharwad Bench, recently remarked that the journalists, print and electronic media being the fourth pillar of democracy, cater to the needs of the general public, and thus owe a social responsibility to maintain peace and tranquility. Therefore, they should work and act in that regard with utmost care and caution.

However, noting an unconditional apology in the incident which is of the year 2012 and that the matter is still pending before the JMFC, Gadag, the Court quashed the pending proceedings. It noted, “It is often said that true remorse and subsequent conduct of a person is the best solution for a sin/misdeed”.

In the matter where a publication allegedly used certain terms like 'Goonda Mentality' 'Taliban Mentality' referring to advocates, a bench of Justice V. Srishananda observed, “Using the words 'Taliban', 'Goonda', 'Pundatike' are per se intolerable and beyond the scope of the guidelines issued by the Press Council of India. Each of these publications are having the post of Chief Editor. It is surprising that the without the supervision of the Chief Editor, no news item could be published in their respective publications and news having been published presupposes that Chief Editor has endorsed such news item”.

The bench further noted that “Even today, major section of the society believe that the news item published in the newspaper as gospel truth without even looking for corroboration or verification. When such is the confidence that has been reposed by the general public of the country in media, the role of the persons who handle print and electronic media are required to show utmost restraint in using unparliamentarily or defamatory words while reporting the news item”.

Advocate K.L. Patil appeared for the petitioner and Advocate Sadiq N. Goodwala appeared for the respondent.

In the present matter, in 2012 an incident took place in the precincts of City Civil Court, where several people were injured including advocates, police personnel and members of print and electronic media and few general public.

Pursuant to which advocates' associations across the State resolved that the journalists who were booked under different provisions of IPC, in different police station limits across the State shall not be defended by any advocates.

When the issue echoed in the assemblies, one of the Members of the legislative assembly termed the resolution passed by the advocates' association as 'Taliban Mentality'. However, the same unparliamentarily words were published by the print media in their publications including terming the advocates' fraternity at large as 'Goonda Mentality'.

Subsequent to which an advocate filed a private complaint against the persons who published such news items, under Section 200 of Cr.P.C. seeking action against them. The jurisdictional Magistrate thereafter took cognizance of the offences.

The four petitions, affidavits were filed by the petitioners who represent Lok Shikshan Trust, 'Samyukta Karnataka', 'Hosadiganta', 'Navodaya' and 'Kittur Karnataka' daily newspapers.

"...It is high time that the Courts are required to bestow its supervisory jurisdiction on the print and electronic media as well, when such occasions demand for it", the order further read.

Cause Title: Lok Shikshan Trust and Ors. v Davalsab S/O. Malliksab Nadaf [Neutral Citation: 2023:KHC-D:7644]

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Justice V. Srishananda

Agatha Shukla