Freedom of Speech may be the most abused freedom in recent times: SC
New Delhi: Chief Justice of India SA Bobde on Thursday came down heavily on the Centre and slammed it for saying that no specific instances of bad reporting were pointed out to it with respect to the communal coverage of the Tablighi Jamaat incident at the beginning of the novel Coronavirus outbreak here.
A bench headed by the CJI was hearing a batch of pleas seeking strict action against the media for communalising the coverage of the Tablighi Jamaat event and the subsequent events as they unfolded. During the hearing, the court also remarked that the freedom of speech may just be the most "abused" freedom of all.
These remarks came after Solicitor-General Tushar Mehta, representing the Central government, told the court that the government had taken a stand in its affidavit and called these petitions "attempts to muzzle freedom of speech".
The CJI upon hearing this said: "They are entitled to make any argument like you people are. This Freedom of Speech may be the most abused freedom in recent times." However, the S-G quickly added that this was the Department's opinion.
As for the wrath it unleashed upon the Centre, the top court said the affidavit filed by it was shoddy and did not even make an effort to address the instances of bad reporting about the Tablighi Jamaat events.
"You have filed the affidavit of some Junior Secretary. We find it extremely evasive, the affidavit does not make any comment on the allegation and goes so far as to say brazenly that the petitioners have not pointed out any incident of bad reporting. To say that you don't agree with the petitioners is one thing but how can you say there is no incident pointed out?" the CJI asked S-G Mehta, who then submitted that the affidavit should indeed have been filed by the senior-most officer and that he would personally vet a fresh affidavit.
The court added that in the fresh affidavit, the concerned officer of the government must outline the administration's position on the incidents of bad reporting pointed out. "He may agree, disagree. But he must not make such unnecessary nonsensical averments as he had made," the CJI said, adding that the case will be next heard in two weeks.
The court had earlier refused to take strict action against the media for communally reporting the events that followed the discovery of COVID-19 cases among Tabligh members, saying that it was not inclined to pass interim orders in that respect. "We cannot gag the press. We will not pass interim order/directions," the CJI had said.
The bench, which also comprises Justices LN Rao and MM Shantanagoudar, had in April indicated that the judgment in this matter would have a long term impact on news reporting. It had remarked that it was inclined to make solid long-term measures about news items. It added that only after "taking cognizance will people understand".
