Newspapers Should Verify Truth Of COVID-Related Reports To Avoid Provocation During Medical Emergency : Karnataka Court
When the entire nation is facing a medical emergency situation due to the spread of Covid-19, it is the responsibility of the editor and concerned officers of the newspaper to ascertain whether publication of any news would disturb peace and harmony of the communities of the society, observed a sessions court in Bengaluru. Additional Sessions judge Rajeshwara, while granting anticipatory...
When the entire nation is facing a medical emergency situation due to the spread of Covid-19, it is the responsibility of the editor and concerned officers of the newspaper to ascertain whether publication of any news would disturb peace and harmony of the communities of the society, observed a sessions court in Bengaluru.
Additional Sessions judge Rajeshwara, while granting anticipatory bail to Advocate Dr.C.S.Dwarakanath with respect to an FIR registered over an advertisement allegedly published by him against the government's handing of COVID situation, said:
"Daily newspapers have immense circulation among the public. 'Prajavani' is also one such Kannada daily newspaper, having vast circulation. It is the duty of the editor and publisher to verify the truth of the news, before publication of the same in their newspaper. Any dereliction, negligence on the part of the editor, publisher of the newspaper would cause severe damage to the safety of the public, harmony among communities in the society. Public peace and tranquility is the prime issue to be maintained in the civilized society."
The Court also said :
"Court can take judicial notice that entire nation is facing medical emergency situation due to spread of Covid-19 infection in an alarming manner. It is also true that despite all attempts, it is not possible to the government to supply required medicine, oxygen and other life saving materials within time. In such a situation, publishing articles like the present one, could provoke relatives, supporters of the deceased who died due to Covid-19 infection."
The court while allowing the application imposed a condition that "Petitioner shall not participate directly or indirectly in any manner in publication of any type of articles in social media including newspapers which could cause provocation for breach of peace and tranquility of the society." Further, "He shall not commit any offence similar to the offence of which he is accused."
The police on May 12, registered an offence against Dwarakanath under sections 153A, 504, 506, 153B, 505(2) of the Indian Penal Code. It was alleged that on 9.5.2021, accused persons hatched conspiracy to publish defamatory articles against Prime Minister of India, Chief Minister of Karnataka State.
Further it was alleged that, in furtherance of the said criminal conspiracy, accused persons have published a defamatory article in 'Prajavani' kannada daily newspaper on 9.5.2021 in which a false, fictitious article was published. In the said article, false allegations against Prime Minister of India, Chief Minister of Karnataka and other ministers was made in order to promote enemity between different groups, bodies, prejudicial to harm communal peace and harmony in the society.
Advocate R.Jagannath, appearing for the applicant submitted that petitioner is an advocate and that "Karnataka Janashakthi" published the alleged advertisement without his consent or knowledge. When the petitioner came to know about publication of the said article, immediately he contacted Prajavani newspaper, directed to publish an explanation in this regard. Accordingly, on 12.5.2021, an explanation was published in the same newspaper that without his consent, on 9th May, defamatory, objectionable publication was published in Prajavani Kannada daily newspaper. The said explanation was given prior to registration of F.I.R.
Prosecution opposed the application:
The Public Prosecutor appearing for the State has submitted that, in the event of granting bail to the petitioner, there is every chance of absconding, tampering and allure prosecution witnesses, repetition of the crime.
Court findings:
The court allowed the application and directed the police to release the petitioner/accused on bail in the event of his arrest by taking personal bond for Rs.1 lakh with two sureties for the like-sum and imposed certain conditions.
It added "Rest of the apprehensions made out by the prosecution may be taken care of by imposing other conditions. Offences alleged are neither punishable with death nor imprisonment for life. Hence, point No.1 is answered in the affirmative."
A condition was imposed by the court on the petitioner that "Petitioner shall not participate directly or indirectly in any manner in publication of any type of articles in social media including newspapers which could cause provocation for breach of peace and tranquility of the society." Further, "He shall not commit any offence similar to the offence of which he is accused."
The judge held that "Considering the peculiar circumstances of the case, this court is of the opinion that imposing stringent conditions upon the petitioner to avoid repetition of incidents alleged in this case, is utmost necessary."
The court on considering the facts and circumstances of the case noted "Firstly the nature and gravity of the accusation. No doubt that allegations made against the petitioner is a serious allegation."