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Digital news outlet The News Minute and its Editor-in-Chief Dhanya Rajendran have moved the Supreme Court seeking permission to intervene in thelong-pending caseconcerning the scope of legislative privileges under Article 194(3) of the Constitution and their interplay with the fundamental right to freedom of speech and expression under Article 19(1)(a).
In an intervention application filed through Advocate-on-Record Pritha Srikumar Iyer, they have contended that allowing legislative bodies to invoke breach of privilege proceedings to curtail journalistic reportage and commentary would have a chilling effect on press freedom and the public’s right to information, and would adversely affect the Indian democracy.
“Further, the Applicants submit that reportage and commentary on the actions of members of legislatures ought not be viewed in isolation as speech concerning specific individuals, but as speech concerning elected representatives and bearers of Constitutional office. As such, the press’ right to freedom of speech and expression regarding members of legislatures acts as an important check on the powers and authority of the legislature. This assumes even greater importance in a parliamentary democracy like India where members of the legislature also form part of the political executive.It is settled position that a citizen has a legitimate and substantial interest in the conduct of public officials and that the freedom of press extends to engaging in uninhibited debate about the involvement of public figures in public issues and events. The exercise of legislative privilege to curtail the freedom of speech and expression of the press would, thus, have a grave bearing on the health of the Indian democracy”, the plea contends.
The application states that the applicants are directly and substantially affected by the constitutional questions involved in the case as The News Minute regularly reports on the conduct of legislators inside and outside legislative proceedings and has faced gag orders in cases filed by elected representatives.
The reference arises from the Tamil Nadu Legislative Assembly’s 2003 decision to sentence five journalists and the publisher of The Hindu to 15 days’ imprisonment over articles critical of the then State government. A seven-judge Constitution Bench is set to hear the matter from October 6 to October 15. The case concerns the interpretation of Articles 194(3), 19(1)(a) and 21 of the Constitution, particularly the limits of legislative privileges and their relationship with fundamental rights.
The applicants have argued that any determination allowing legislative privileges to restrict reporting on legislators would expose journalists to adverse penal consequences, including imprisonment, for discharging their professional duties.
The applicants have argued that any restriction on journalistic reporting through legislative privileges would affect not only the press’s freedom of speech and expression under Article 19(1)(a), but also the public’s right to information, which the Supreme Court has recognised as an integral component of the fundamental right to freedom of speech and expression.
They have further invoked Article 19(1)(g), which guarantees the right to practise any profession or carry on any occupation, trade or business. The plea contends that political reporting constitutes a significant part of The News Minute’s publications and restrictions on such reporting would threaten the organisation’s business and Rajendran’s professional freedom.
The application refers to instances of legislative privilege being invoked against media professionals, including the Karnataka Legislative Assembly’s 2017 decision to sentence two editors to one year’s imprisonment and impose a fine.
The applicants have further referred to civil suits and injunctions sought against media organisations by public representatives. The application also refers to on judicial gag orders and politicians seeking ex-parte injunctions against media coverage.
The applicants contend that the possibility of facing legislative privilege proceedings and other legal action would discourage journalists from reporting on elected representatives and matters of public importance.
Satirist Kunal Kamra, journalists Ajit Anjum, Seema Chishti, Paranjoy Guha Thakurta, CPI(M) leader Subhashini Ali, etc., have also sought to intervene in the matter.
The 7-judge bench will commence the hearing on October 6.
Case Title : N. Ravi v. Speaker Legislative Assembly ChennaiCase Number : IA in Writ Petition (Criminal) No. 206-210 of 2003
