SC calls for responsible reporting by electronic media in The Wire plea against Jay Shah defamation case

The Supreme Court today made some pertinent observations regarding the responsibility of the electronic media, while hearing a plea filed by The Wire seeking quashing of the defamation proceedings initiated by Jay Shah..The Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud issued notice, and directed the trial court not to proceed in the matter, as the Supreme Court is seized of it..During the course of the hearing, the Bench made some strong observations calling for greater responsibility on the part of electronic and print media while reporting..Senior Advocate Kapil Sibal appeared for Rohini Singh and the Editors of The Wire, while Senior Advocate Neeraj Kishan Kaul argued for Jay Shah..Kaul argued that the story published by The Wire was a manufactured story, and an example of irresponsible journalism. It was his contention that the reports in the article were twisted..Countering this argument, Sibal asked the Bench how journalism can flourish in the country, if publications are not allowed to ask questions..This prompted Chief Justice Misra to take note of the manner in which news is reported nowadays. He observed,.“Can they write whatever they want? What they write sometimes amounts to serious contempt of court. Is this journalism?”.He further observed that it is not journalistic culture to nurture, construct and imagine a story without applying one’s mind. He stated,.“Electronic media should be more responsible. I don’t want to name channels, but some people think they are Popes sitting on the pulpit, passing judgement. They should be more responsible and the realisation must dawn upon them.”.The Bench then proceeded to issue notice in the matter and directed the counsel to filed their replies, while also noting that the lower court may not proceed with the matter till the next hearing in the Supreme Court..The matter will now be heard on April 12..The matter has its genesis in an article published by The Wire on October 8 last year, alleging impropriety in the dealings of Jay Shah, son of BJP President Amit Shah. In reaction to the article, the younger Shah filed a civil defamation suit of Rs. 100 crore against the publication and its journalists on October 12..On that very day, BK Dasondi, 4th Additional Senior Civil Judge, Ahmedabad Rural, had passed an ex parte order effectively preventing The Wire from publishing, in any form, media related to the article dated October 8..An appeal against this order preferred before the Gujarat High Court would be dismissed in November, with the Court leaving it open for the appellants to file a counter to the suit, or an application before the trial court..Pursuant to an appeal in the trial court by The Wire, the ex parte interim injunction would stand vacated, vide an order passed on December 23, 2017. The trial court had ruled that the injunction would be restricted only to the line “Narendra Modi becoming Prime Minister/elected as Prime Minister”..In an appeal against this order, the Gujarat High Court felt that there was no reason for the trial court to dilute its previous order granting injunction. Thus, it held that the earlier order imposing a gag on The Wire would continue to hold the field, pending the disposal of the defamation suit.