Madras High Court Recalls Order Directing Constitution Of Press Council Of Tamil Nadu

The Madras High Court on Wednesday recalled its previous order directing the state to set up the Press Council of Tamil Nadu, which would act as a State-level media regulatory body.

The order to constitute the Council was passed by the predecessor division bench of Justice N.Kirubakaran and Justice P.Velmurugan last year in a bid to protect the interests of journalists and clamp down on fake journalists, paid news and journalists who are indulging in illegal, unethical practices.

Expressing reservation on the Court's power to issue such directions in the absence of a statutory provision, the bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy recalled the entire judgment, stating that the direction was unconnected to the writ petition.

The writ in the nature of public interest litigation was filed by journalist S. Sekaran, seeking proper investigation in the idol theft case.

The court, raising suspicion over the credibility of the petitioner, decided to investigate into the issue of fake journalists as well. The court had cited incidents were many fake press people were claiming to be reporters of popular and established newspapers and collecting money from organizers of meetings/seminars bringing disrepute to those popular newspapers/magazines.

The court had directed the Tamil Nadu government to create a Press Council of Tamil Nadu that would act as a State level media regulatory body to clamp down on fake journalists, paid news and journalists indulging in illegal and unethical practices. This council would be headed by a retired Judge of the Supreme Court or High Court and consisting of a team of experienced and reputed journalists, retired civil servants and police officials in the rank of IAS and IPS, it was ordered.

Later, a division bench of then Acting Chief Justice Munishwar Nath Bhandari and Justce PD Audikesavalu had noted that in the absence of a statutory provision to the effect, prima facie such a direction could not have been passed. The court had noted that the Press Council Act, 1978 which is a central legislation does not provide for the constitution of State Press Councils and they would not be equivalent to bodies like the State Bar Councils.

In the meantime, the state had filed a status report informing the court that Chief Minister M.K Stalin has given his consent to constitute the Press Council of Tamil Nadu. The status report also discussed the process of circulation and approval required from competent authorities. It was also informed that the government order pertaining to the "Tamil Nadu State News Representative Media Accredition Rules, 2021" would be notified after the completion of urban local body polls.

Yesterday, while hearing the revision petitioner, the court opined that the order was passed without any connection with the present case and therefore the order may be recalled. The court also directed that necessary changes be made to restore the petition to its original manner and to hear the matter afresh.

Case Title: S.Sekaran v. The State Of Tamil Nadu & Ors., S. Sekaran v. The Director General Of Police & Ors.

Case No: Rev.A.No. 175 of 2021 in WP/32091/2019 (PIL) & WP 31647/2019 (PIL)