Gujarat High Court pulls up ToI, Indian Express for 'false, distorted' reporting on court proceedings

The Gujarat High Court on Tuesday issued notices to the Ahmedabad editors of Times of India and Indian Express for giving a 'false and distorted narration' of court proceedings..A Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi said that the reporting of the Court's observations during hearings gave an impression to the common people that the Court has formed an opinion on the case.Referring to a ToI report with the headline 'State can regulate minority school for excellence in education: HC', the Court said,"The construction of the news item...appears that the court has formed an opinion about the right of a minority institution to appoint a teacher of its choice, while exercising right to regulate educational institutions run by minority institutes." The Court also flagged another story in the Indian Express with the heading 'Minority and majority schools that get aid must comply with norms: HC', as well as a report in local newspaper Divya Bhaskar."The observations of the court in the deliberations during the course of hearing are published, gives an impression to the common people that the court has formed an opinion, which is a misrepresentation of the court proceedings. This approach of the newspapers' editors is to be checked immediately," the Court said..It thus sought an explanation from the editors as to who authenticated the content of the reports, and as to why proceedings should not be initiated against them for giving a 'false and distorted narration' of court proceedings..The Court passed these directions before hearing arguments in a matter concerning the rights of aided minority institutions.Before Senior Advocate Mihir Thakore, who was arguing for the petitioners, began his submissions, Chief Justice Agarwal said,"Whatever observations we made in the court, they are printed in a way as if that is the order...There is a news report as if we have formed an opinion. The reporter did not nothing but sit down, look at the clips, and then rephrase whatever we have said. Whatever we said, that was published. But it gave an impression to people that we have formed an opinion, which is very, very unfortunate."Thakore then suggested that the Court should issue a contempt notice against the media houses.Advocate General Kamal Trivedi added that many times, a twisted version of court proceedings is reported.The CJ went on to state,"Judicial orders are never reported...they know that this is only an observation during the course of deliberations. How will we conduct the proceedings? What proceedings can be conducted by keeping mum? If I am not expressing my mind and not correcting myself during arguments, you will not know as to what is travelling in my mind. How will we write judgments?".AG Trivedi also flagged the issue of media reports on affidavits filed by the State and other parties.After the lawyers pointed out a report in Divya Bhaskar, the Court said,"Putting transcripts on Live Law or Bar & Bench makes sense...here, they are publishing it as a report as if the observation of the court is the finding. And in the last line, they will write one sentence: hearing is going on."Thakore then said that the heading is what people mostly read."We are not going to stop the reporting, but we are going to issue notice to them," the Court said before passing its order.