Gujarat High Court Issues Notice To 'Times Of India' & 'Indian Express' For 'False & Distorted' Reports On Proceedings

The Gujarat High Court on Tuesday (August 13) issued notices to editors of the newspapers, the Times of India and the Indian Express, for misrepresenting the Court proceedings. The Court observed that the newspaper reports gave a wrong impression that the observations made by the bench during the hearing were its final opinion.

The Court asked the newspapers to show cause for not initiating proceedings against them for publishing a "false and distorted" narration of the hearing.

The Division Bench, comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi, was hearing a batch of petitions filed by various linguistic and religious minority schools challenging the amendments to the Gujarat Secondary and Higher Secondary Education Act

Referring to a report published by the Times of India on 13.08.2024, Chief Justice Agarwal pointed out, “Whatever observations we made in the Court are printed in a way as if that is the Order. This is what they are doing by using the You Tube proceedings. Our observations in the Court are always tainted. This is a part of open discussion and then there was a news report as if we have formed an opinion. They reporter did nothing, he sat down, looked to the clips and then rephrased whatever we have said. Though, whatever we have said, that was published, but then it gave an impression to the common people that we have formed an opinion which is very, very unfortunate. We are going to call upon this.”

Senior Advocate Mihir Thakore proposed that the Court “Issue a notice of Contempt.”

Advocate General Kamal B Trivedi remarked, “Many times a twisted version comes.”  

To this, Chief Justice Agarwal responded, “We pass judicial Orders, they are never reported. Hardly once or twice judicial orders are reported.”

Thakore further suggested, “Pass an appropriate order today in the court that nothing should be reported.”

Chief Justice Agarwal then stated, “The way it is written as if we have passed an order, our judicial opinion is drawn for the public.”

The discussion continued with the Chief Justice questioning, “How will we conduct the proceedings? Court proceedings cannot be conducted by keeping mum. How will we write judgments?.”

AG added that Gujarati newspaper Divya Bhasker also published a distorted version of the proceedings. Mihir Thakore also agreed with this.

The Advocate General then commented, “another problem is we file the affidavits in the office, next morning whatever we have said the affidavit, criticism comes in the newspaper. Though we are not parting the affidavit with anybody. They take one or two sentences, put it in an out of context fashion and it comes out with a weird result.”

Chief Justice Agarwal commented, “And then they are not publishing... putting all transcripts on Live Law and Bar and Bench makes sense because there are people reading it.”

Advocate General Trivedi acknowledged, “Normally it is authentic and I have always received a phone call from those people.”

To this Thakore added by saying, “On Live Law also it is quoted in extenso, every conversation which takes place.”

Chief Justice Agarwal concluded, “Correct. Then here they are publishing it as a report as if the observation of the report is the finding. And then in the last line they will write in one sentence - 'hearing is going on.' … We are not stopping reporting, but we are going to issue notice to them to call upon.”

Thakore said that the heading of the report would give a different impression and added that most people read only the heading.

Thakore then said, “Let the notice be issued so that itself will be a lesson and in future they will not do it. All the newspapers, so that there may be automatic restraint.”

The Notice issued by the Court:

“Hearing in this matter is going on since many days. Yesterday, i.e., on 12.08.2024 during the deliberations with the learned senior advocates appearing for the petitioners, certain observations were made by the Court which have been printed in newspaper report of the Times of India, Ahmedabad dated 13.08.2024 with the Caption, “State can regulate minority schools for excellence in education: HC”. A subheading with the words, “Have to give away rights in national interests”.

The construction of the news item is such that from a reading thereof it appears that the court has formed an opinion about the rights of a minority institution to appoint a teacher of its choice, while exercising the right to regulate educational institutions run by minorities. Similar news item is published in the Indian Express at the local page with heading, “Minority and majority schools that get aid must comply with norms: Gujarat HC”

The way 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 newspaper's editors is to be checked immediately. We therefore issue notice to the editor of both the newspapers to call upon their explanation as to who has authenticated the content of the report that it was not the observation during the course of the hearing rather an opinion of the Court drawn when hearing is going on. Let the explanation be submitted as to who authenticated the content of the report and as to why proceedings be not drawn against them for publishing a wrong report giving a false and distorted narration of the court proceedings.

Let the response be submitted on the next date fixed.” 

Case title: MOUNT CARMEL HIGH SCHOOL & ANR. v/s STATE OF GUJARAT & ORS and batch