Those In Power Would Conceal Everything If Not For Media: Karnataka HC Extends Interim Protection To News Head For “Oversight” In Depicting Muslims

The Karnataka High Court on Thursday orally observed that the fourth estate, that is the Media, is the most important estate today and if not for the media, those in power would conceal everything from the public.

A single judge bench of Justice M Nagaprasanna was dealing with a petition filed by Ajit Hanumakkanavar, Head of News & Programmes at Suvarana News channel. He is booked under Section 505(2) IPC for allegedly creating communal disharmony by using Pakistani flag to represent the Muslim community of India in a show that aired on May 9.

Ajit seeks quashing of the complaint on the ground that the abovesaid depiction was due to "oversight" and that the same was rectified within an hour of broadcast. A public apology was also issued on all social media platforms of the channel, he said.

Advocate S Sudharsan appearing for Ajit contended that the allegation of creating a rift "between two religions" is absent in the case. Thus, Section 505(2) is not attracted, he said.

The prosecution contended that Ajit is in the habit of broadcasting fake news and being a professional, he cannot take the defence of oversight. In the same vein Public Prosecutor BN Jagadeesh submitted, "As it is there is a lot of nuisance caused by these speeches. Ultimately today's media is responsible for all this…”

These remarks did not settle well with the bench, which was prompted to observe,

“You cannot just like that brush the media aside. The powers that be would have concealed everything, if the media would not be there. Fourth estate is the most important estate today. In everything misuse happens that does not mean you dub the entire estate to be bad. Misuses may happen in many things.”

Following which the court continued its earlier order directing no precipitative action be taken against Ajit. It noted, “Learned SPP seeks time to file objections. Counsel for the complainant has filed objections. Two weeks time is granted to SPP to file objections. The protective order of not harassing and taking coercive steps in the garb of investigation shall continue till the next date of hearing.”

Appearance: Advocate S SUDHARSAN for Petitioner.

Advocate NIDHISHREE B V for R2.

Case Title: Ajit Hanumakkanavar AND State of Karnataka & ANR

Case NO: CRL.P 4610/2024