Submission for Practical Paper

BEFORE THE
HIGH COURT OF KEMRI

IN THE MATTERS OF:

NEWS NOW ....................PETITIONER

vs.
STATE OF KEMRI ..............…RESPONDENT

WRITTEN SUBMISSIONS ON BEHALF OF RESPONDENT

COUNSEL APPEARING ON BEHALF OF THE RESPONDENT

Written submission on behalf of Respondent 1

 Table of Contents
TABLE OF ABBREVIATIONS ................................................................................................................. 3
INDEX OF AUTHORITIES ..................................................................................................................... 3
STATEMENT OF JURISDICTION ........................................................................................................... 4
STATEMENT OF FACTS ....................................................................................................................... 4
STATEMENT OF ISSUE ........................................................................................................................ 5
SUMMARY OF ARGUMENTS .............................................................................................................. 5
ARGUMENTS ADVANCED................................................................................................................... 6
1. WHETHER ARTICLE 19 (1)(a) IS VIOLATED BY STATE GOVERNMENT? .......................................... 6
2.WHETHER REPEATED TELECAST OF NEWS RELATING TO DEATH OF SADHUS IS CONSTITUTING
MEDIA TRIAL OR ANY IMPEDIMENT IN CARRYING OUT LEGAL PROCEEDING? ................................ 6
3.WHETHER REPEATED TELECAST OF NEWS RELATING TO DEATH OF SADHUS LIKELY TO CAUSE
BREACH OF PEACE IN STATE OF KEMRI? ........................................................................................ 7
PRAYER ............................................................................................................................................. 8

Written submission on behalf of Respondent 2

 TABLE OF ABBREVIATIONS

S.NO. ABBREVIATIONS FULL FORM

1. V. VERSUS
2. SC SUPREME COURT
3. AIR ALL INDIA REPORTER

4. SCR SUPREMECOURT
REPORT

5. SCC SUPREME COURT CASES

6. ANR. ANOTHERS
7. Hon’ble HONOURABLE

8. supp SUPPLEMENTARY

INDEX OF AUTHORITIES

STATUTES REFERRED:
1.CONSTITUTION OF INDIA

CASES REFERRED:
1.Harijai Singh & Anr. vs Vijay Kumar on 17th September 1996

2. Sakal Papers (Private) Limited v. Union AIR 1962 SC 305

3. M.P. Lohia V. State of West Bengal 4TH February 2005
4. State of Maharashtra v. Rajendra J. Gandhi 11th September 1997

BOOKS REFERRED:
Written submission on behalf of Respondent 3
1.CONSTITUTION OF INDIA 7th Edition M.P. Jain

ELECTRONIC SOURCES;
1. www.supremecourtonline.com
2. www.indiankanoon.com
3. www.scconline.com
4. www.heinonline.com
5. www.casemine.com

STATEMENT OF JURISDICTION
IT IS HUMBLY SUBMITTED THAT
In the matter concerning News Now v. State Government, the counsel on behalf of
the Respondent humbly submits the Memorandum under Article 19 of Constitution of
India. The present memorandum sets forth the facts, contentions and arguments in
the present case.

STATEMENT OF FACTS
1) State of Kemri is one of the states of Indipa and Pombay is a city which is situated in state
of Kemri.
2)In January 2019 there was outbreak of a terrible pandemic Colid -19 in entire world. Indipa
also went into lockdown for a period of one month. The statistic suggests that state of Kemri
was worst affected by the pandemic, in comparison with other states in Indipa.
3)‘News Now’ is a news channel having its head office at Pombay and is telecasted
throughout the country of Indipa. The channel is headed by Mr. Arap Gowami. Arap Gowami
was also one of the anchors on this channel, and had aggressive style of hosting shows.
4)On 2nd April 2019 two sadhus were beaten to death by an angry mob consisting of around
100 to 150 men, in front of police station in the corporation area of Pombay.
5) This incident was captured by the CCTV camera outside the police station.
This footage went viral and there was widespread anguish amongst general public that
expressed their anger and resentment through various social media platforms.
6)The channel ‘News Now’ highlighted this news and demanded strong action against the
mob. In fact, this was one of the prime-time news material for the news channel.
7)Even after two months after the sadhu’s murder there was neither any arrest, nor there was
not any significant progress over the said matter. The channel ‘News Now’ still followed the
lynching case story. In July 2019, a FIR was registered regarding the offence.
8) Alerted by the pattern of reporting of the lynching case by the news channel, the state
government on 1st September 2019 issued a letter to the channel ‘News Now’ to immediately
Written submission on behalf of Respondent 4
stop the telecast the news relating to the murder of sadhus, as it may give rise to communal
riots and thus the peace and order of the state may be in danger.
9) On 6th September 2019 the channel replied to the government that the telecast of the said
news is their fundamental right and the government cannot fix the agenda of the news
channel.
10)On 10th September 2019 the state government of Kemri banned the telecast of the
Channel ‘News Now’ in entire state of Kemri with immediate effect.

11)The Channel ‘News Now’ filed a writ petition in the High Court of Kemri stating that the
action of the state government was a gross violation of the fundamental rights of freedom to
speech and expression.

12)Hence the matters lie before the Honorable High Court.

STATEMENT OF ISSUE

1. WHETHER ARTICLE 19 (1)(a) IS VIOLATED BY STATE GOVERNMENT?

2.WHETHER REPEATED TELECAST OF NEWS RELATING TO DEATH OF
SADHUS IS CONSTITUTING MEDIA TRIAL OR ANY IMPEDIMENT IN
CARRYING OUT LEGAL PROCEEDING?
3.WHETHER REPEATED TELECAST OF NEWS RELATING TO DEATH OF
SADHUS LIKELY TO CAUSE BREACH OF PEACE IN STATE OF KEMRI?

SUMMARY OF ARGUMENTS

1.WHETHER ARTICLE 19 (1)(a) IS VIOLATED BY STATE GOVERNMENT?

The freedom of expression and of press is the right to gather and publish the
information or opinion without any control or fear of publishing, but the constraints on
the freedom of press in a free society are controversial and are consistently being
redefined by the judiciary

2.WHETHER REPEATED TELECAST OF NEWS RELATING TO DEATH OF

SADHUS IS CONSTITUTING MEDIA TRIAL OR ANY IMPEDIMENT IN
CARRYING OUT LEGAL PROCEEDING?
A trial by press, electronic media or public agitation is the very antithesis of rule of
law” and can “well lead to miscarriage of justice”

Written submission on behalf of Respondent 5

3.WHETHER REPEATED TELECAST OF NEWS RELATING TO DEATH OF
SADHUS LIKELY TO CAUSE BREACH OF PEACE IN STATE OF KEMRI?
The digital violence in itself is a breach of peace. Media is an institutionalised
anarchy, in a liberal and positive sense

ARGUMENTS ADVANCED

1. WHETHER ARTICLE 19 (1)(a) IS VIOLATED BY STATE GOVERNMENT?

Blackstone said that the essence of freedom of expression is that every person
should be able to lay his sentiment before the public without previous restraint, that
to forbid this, is to destroy the freedom of the press; but if publishes what is
improper, mischievous, or illegal, he must take the consequence of his own temerity.

The freedom of expression and of press is the right to gather and publish the information
or opinion without any control or fear of publishing. It applies to all types of
communication and publications, viz., printing, broadcasting in the radio, exhibiting in
films and through television programmes, etc. However, the freedom of expression and of
press is not absolute, unlimited and unfettered at all times and in all circumstances as it
would lead to disorder and anarchy as held in Harijai Singh Case 1, Therefore, the
constraints on the freedom of press in a free society are controversial and are consistently
being redefined by the judiciary. In Sakal Papers(Private) Limited v.
Union2], Supreme Court had observed that the right to freedom of speech and
expression carries with it the right to publish and circulate one’s ideas, opinions, and
views with complete freedom and by resorting to any available means of publication,
subject to the restrictions imposed under Art. 19(2). The Indian Constitution does not
expressly provide for the freedom of the press but this freedom is included in
“Freedom of speech and expression” guaranteed by Article 19(1)(a).

2.WHETHER REPEATED TELECAST OF NEWS RELATING TO DEATH OF

SADHUS IS CONSTITUTING MEDIA TRIAL OR ANY IMPEDIMENT IN
CARRYING OUT LEGAL PROCEEDING?

In the midst of media trial, the true essence of justice gets lost and the focus tends to
shift on the promotion of the media coverage in the public mind. Trial by Media
violates an accused person’s right to life with dignity and personal liberty guaranteed
under article 21of constitution and also amounts to interference in administration of

1
17th September 1996
2
AIR 1962 SC 305
Written submission on behalf of Respondent 6
justice. In M.P. Lohia V. State of West Bengal 3the S C strongly deprecated the
media for interfering with the administration of justice by publishing one-sided articles

The courts have, from time to time, expressed concern over these attempts by the
media to mimic their functioning, fearing that this would destabilise procedures
established by law. As the verdict in the State of Maharashtra v. Rajendra J.
Gandhi4 puts it, “A trial by press, electronic media or public agitation is the very
antithesis of rule of law” and can “well lead to miscarriage of justice”

3.WHETHER REPEATED TELECAST OF NEWS RELATING TO DEATH OF

SADHUS LIKELY TO CAUSE BREACH OF PEACE IN STATE OF KEMRI?

Repeating the telecast is likely to cause injury to public interest and leads to
breach of peace. Between free speech and fair trial, the borders are sometimes
crossed and the rules breached, leading to devastating consequences to
individuals and institutions. The tele-terror should not be allowed to meddle with a
trial in accordance with the law. The digital violence in itself is a breach of peace.
Media is an institutionalised anarchy, in a liberal and positive sense.

Repeated telecast of news relating to the death of sadhus often provokes the
atmosphere of mob lynching or influences the perception of general public. Also,
in such a situation where people were already suffering or were afraid the media
spread even more panic. The media raised a lot of fear in the minds of people by
exaggerating every little thing and leads to breach of peace.

The news report has resulted in spread of rumours related to the act being pre-
planned and attack on community rather than being a matter of law and order.
Since the news relates to murder of Sadhus, who are seen as holy persons as per

3
4TH February 2005
4
11th September 1997
Written submission on behalf of Respondent 7
a given community, the matter requires delicate handling owing to communal
feelings being affected owing to spreading rumours.

PRAYER

Whereof, in the light of the issues raised, argument advanced and authorities cited,
may this Hon’ble court pleased to adjudge and declare:
1. Prayer to dismiss the writ petition filed by the petitioner.
2. Uphold the ban on the news channel in the interest of public peace and order.

And/or
Pass any Order, Relief, or Direction that this Hon’ble court may deem fit in the
interest of Justice, equality and good conscience.

ALL OF WHICH IS RESPECTFULLY

SUBMITTED

…………………………………………

Written submission on behalf of Respondent 8

 COUNSEL FOR RESPONDENT

Written submission on behalf of Respondent 9