SANJOY NARAYAN EDITOR IN CHIEF HINDUSTAN & ORS.versusHON. HIGH COURT OF ALLAHABAD THR. R.G.

                     [2011] 10 S.C.R. 781


 . SANJOY NARAYAN EDITOR IN CHIEF HINDUSTAN &                       A
        .          •. ORS.
                                v.
      HON. HIGH COURT OF ALLAHABAD THR. R.G.
           (Criminal Appeal No. 1683 of 2011)
                      AUGUST 30, 2011         -l                    B

            [DR. MUKUNDAKAM SHARMA AND
                   ANIL R. DAVE, JJ.]

      Media: Powers and responsibilities of - Discussed - C
 Held: The media, be it electronic or print media, is generally ·
 called the fourth pillar of democracy - The media, in all its
 forms, whether electronic or print, discharges a very onerous
 duty of keeping the people knowledgeable and informed -
 The impact of media is far-reaching as it reaches not only D
·the people physically but also influences them mentally - It
 creates opinions, broadcasts different points of view; brings
 to the fore wrongs and lapses of the Government and all other
 governing bodies and is an important tool in restraining
 co"uption and other ill-effects of society - However, with the E
 huge amount of information that they process, it is the
 responsibility of the media to ensure that they are not
 providing the public with information that is factually wrong,
 biased or simply unverified information - The right to freedom
 of speech is enshrined in Article 19(1)(a) of the Constitution F
 - However, this right is restricted by Article 19(2) in the interest
 of the sovereignty and integrity of India, security of the State,
 public order, decency and morality and also. Contempt of
  Courts Act and defamation - The unbridled power of the
 media can become dangerous if check and balance is not
 inherent in it - This power must be carefully regulated and G
 must reconcile with a person's fundamental right to privacy -
 The dignity of the courts. and the people's faith in
 administration must not be tarnished because of biased and
 unverified reporting - In order to avoid such biased reporting,
                                 781                                  H
    782     SUPREME COURT REPORTS                [2011] 10 S.C.R.


A one must be careful to verify the facts and do some research
  on the subject being reported before a publication is brought
  out - Constitution of India, 1950 - Article 19(1)(a) and 19(2).

         Contempt of Courts Act - Article published in Hindustan
8   Times   on 20-09-2C10 caffied adverse information about the
    then Chief Justice of Allahabad High Court - Contempt
    proceedings against the appellants - Held: Any wrong or
    biased information that is put forth can potentially damage the
    otherwise clean and good reputation of the person or
C institution against whom something adverse is reported -
    Pre-judging the issues and rushing to conclusions must be
    avoided - This is exactly what has happened in the present
    case - The newspaper report was apparently based on
    surmises and conjectures and not based on facts and figures
    - Article published in Hindustan Times on 20-09-2010
D . famished the image of the then Chief Justice of the Allahabad
    High Court who otherwise proved himself to be a competent
    and good Judge - The appellants have understood their
    mistake and have expressed their repentance through their
    advocate and also themselves by filing an unqualified
E apology before the Supreme Court - Apology tendered
    before the Allahabad High Court was not accepted only
    because it was felt that the same was not unqualified - Now,
    by filing an affidavit before Supreme Court they have
    tendered unconditional apology - The judiciary also must be
F magnanimous in accepting an apology when filed through an
    affidavit duly sworn, conveying remorse for such publication
    - Therefore, the unqualified apology submitted by the
    appellants is accepted and the contempt proceedings against
    them are dropped - Direction to appellants-contemnors to
G publish the apology as stated in the affidayit in the first page
    of Lucknow edition of Hindustan Times to be published on 01-
    09-2011 and also at such other place, wherever there was
    any such publication, in a daily issue of the newspaper at•
    some prominent place of the newspaper.
H
SANJOY NARAYAN EDITOR IN CHIEF HINDUSTAN v. 783
  HON. HIGH COURT OF ALLAHABAD THR. R.G.
               .
    CRIMINAL APP ELLATE JURISDICTION : Criminal Appeal                A
1683 of 2011.

     From the Judgment & Order dated 4.4.2011 of the High
Court of Judicature at Allahabad in Contempt Application
(Criminal) No. 20 of 2010.
                                                                      B
   A. Sharan, Ajay Singh, Amit Anand Tiwari for the
Appellants.

     Ravi P. Mehrotra, Vibhu Tiwari for the Respondent.

     The following Order of the Court was delivered
                                                                      c
                           ORDER

     1. Leave granted.
                                                                      D
    2. This appeal is directed against the order dated
04.04.2011 passed by the Allahabad High Court.

     3. The appellants being aggrieved by the aforesaid order
had filed this appeal on which we issued notice. On service of
the notice, the respondent has also entered appearance through        E
counsel.

    4. We have heard the counsel appearing for the parties.
The appellants have now filed an affidavit which is on record
tendering unqualified apology for the publication of article in       F
question in Hindustan Times on 20.09.2010 out of which
contempt proceedings arise.

     5. The media, be it electronic or print media, is generally          ~·




called the fourth pillar of democracy. The media, in all its fonns,
whether electronic or print, discharges a very onerous duty of        G
keeping the people knowledgeable and informed.

     6. The impact of media is far-reaching as it reaches not
only the people physically but also influences them mentally. It
creates opinions, broadcasts different points of view, brings to      H
    784     SUPREME COURT REPORTS                  (2011] 10 S.C.R.


A the fore wrongs and lapses of the Government and all other
  governing bodies and is an important tool in restraining
  corruption and other ill-effects of society. The media ensures
  that the individual actively participates in the decision-making
  process. The right to information is fundamental in encouraging
s the individual to be a part of the governing process. The
  enactment of the Right to Information Act is the most
  empowering step in this direction. The role of people in a
  democracy and that of active debate is essential for the
  functioning of a vibrant democracy.
c       7. With this immense power, comes the burden of
   responsibility. With the huge amount of information that they
   process, it is the responsibility of the media to ensure that they
   are not providing the public with information that is factually
   wrong, biased or simply unverified information. The right to
D freedom of speech is enshrined in Article 19(1 )(a) of the
   Constitution. However, this right is restricted by Article 19(2)
   in the interest of the sovereignty and integrity of India, security
   of the State, public order, decency and morality and also
   Contempt of Courts Act and defamation.
E
        8. The unbridled power of the media can become
   dangerous if check and balance is not inherent in it. .The role
   of the media is to provide to the readers and the public in
   general with information and views tested and found as true and
F correct. This power must be carefully regulated and must
   reconcile with a person's .fundamental right to privacy. Any
   wrong or biased information that is put forth can potentially
  'damage the otherwise clean and good reputation of the person
   or institution against whom something adverse is reported. Pre-
G judging the issues and rushing to conclusions must be avoided.

       9. This is exactly what has happened in the present case.
  The then Chief Justice of the Allahabad High Court who has
  otherwise proved himself to be a competent and good Judge
  wherever he was posted during his career was brought under
H a cloud by the reporting which is the subject matter of this
SANJOY NARAYAN EDITOR IN CHIEF HINDUSTAN v. 785
  HON. HIGH COURT OF ALLAHABAD THR. R.G.

petition. His image was sought to be tarnished by a newspaper         A
report which was apparently based on surmises and
conjectures and not based on facts and figures. The dignity of
the courts and the people's faith in administration must not be
tarnished because of biased and unverified reporting. In order
to avoid such biased reporting, one must be careful to verify         B
the facts and do some research on .the subject being reported
before a publication is brought out.

    10. We are glad that the persons against whom contempt
proceedings were initiated for a wrong and incorrect reporting        C
about the then Chief Justice as aforesaid have understood their
mistake and have expressed their repentance through their
advocate and also themselves by filing an unqualified apology
before us for the wrong done.

    11. On going through the impugned order also we find that         D
apology tendered before the Allahabad High Court was not
accepted only because it was felt that the same was not
unqualified. Now, by filing an affidavit they have tendered
unconditional apology.
                                                                      E
    12. The judiciary also must be magnanimous in accepting
an apology when filed through an affidavit duly sworn,
conveying remorse for such publication. This indicates that they
have accepted their mistake and fault. This Court has also time
and again reiterated that this Court is not hypersensitive in
matter relating to Contempt of Courts Act and has always
                                                                      F
shown magnanimity in accepting the apology. Therefore, we
accept the aforesaid unqualified apology submitted by them
and drop the proceeding.

     13. With the aforesaid observations, we order for closure        G
of the proceedings initiated against the appellants herein under
the Contempt of Courts Act by keeping the affidavit filed by the
appellants on record with a direction to the appellants to publish
the apology as stated in the affidavit in the first page of Lucknow
                                                                      H
    786      SUPREME COURT REPORTS                [2011] 10 S.C.R.


A edition of Hindustan Times to be published on 01.09.2011 and
  also at such other place, wherever there was any such
  publication, in a daily issue of the newspaper at some
  prominent place of the newspaper.

B         14. We appreciate the gesture of the counsel appearing
    for the parties and also for the fact they endorse the same view
    as expressed in this order.

         15. The appeal is disposed of in terms of the aforesaid
    directions and observations.
c
    B.B.B.                                    Appeal disposed of.