SC terms complaint against Editors Guild members ‘counter-narrative of govt’, extends protection

NEW DELHI: The Supreme Court on Friday termed the complaint against the Editors Guild of India (EGI) and its four members a “counter-narrative of the government” and asked as to how the offence of promoting enmity between different groups was made out against the journalists’ body which merely gave a report at Army’s request.

While extending the protection from coercive action to the EGI members by two more weeks, a bench of Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra sought the response of the complainant and said it will examine the complaint which formed the basis of the FIRs against them.

The court observed the EGI team went to Manipur after the Army wrote to it about “partisan reporting” on the ground by vernacular media.

“They go to the ground. They may be right or wrong but that is what free speech is all about,” the CJI said.

The top court was also critical of the fact that the Manipur high court entertained the PIL against the EGI.

The CJI was referring to the plea filed by the International Meitei Forum seeking quashing of the report submitted by the EGI.

“The manner in which that PIL is entertained by the Chief Justice of the High Court…let me not say much more as the head of the family. But surely there are more pressing matters to be entertained than these kinds of PILs,” he said.

Meanwhile, the Manipur government, represented by Solicitor General Tushar Mehta, said the top court may protect the EGI and its members for some more time and transfer the plea to the Delhi High Court for being dealt with on merits.

However, the top court took serious note of vehement submission of senior advocate Guru Krishnakumar, appearing for the complainant, that the EGI members have committed criminal offences by making “sweeping one-sided” allegations without even making me a party.

The bench asked as to how the offences under sections 195 (promoting enmity between different groups) and 200 (making false declaration in courts) of the IPC were made out against the EGI members.

“Let us see Section 200. This deals with making a false declaration before a court…Therefore this is subject to section 195 of CrPC. Where was the declaration made before the court? This is just a report,” the bench said.

Observing that the EGI was entitled to putting forth a viewpoint, the bench said the complainant has to make out a case on his own and show the ingredients of an offence are there.

“You have to show us in a case like this that your complaint makes out a case. Does it even make out a whisper of the ingredients of the offence,” the CJI asked.