Today, On 13th July, The Gujarat High Court criticized The Times of India and Indian Express for “false and distorted” reporting on court proceedings. The Chief Justice expressed concern that the media’s use of the Court’s observations in headlines could mislead the public into thinking the Court had already formed an opinion on the case.
The Gujarat High Court issued notices on Tuesday to the Ahmedabad editors of the Times of India and the Indian Express, accusing them of presenting a “false and distorted narration” of court proceedings.
A Bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi expressed concern that the newspapers’ reporting on the Court’s observations during hearings could mislead the public into believing that the Court already formed an opinion on the case.
The Court specifically referred to a Times of India article titled,
“State can regulate minority school for excellence in education: HC,”
Court Stated,
“The construction of the news item appears that the court has formed an opinion about the right of a minority institution to appoint a teacher of its choice, while exercising right to regulate educational institutions run by minority institutes.”
Similarly, the Court pointed to another article in the Indian Express with the headline “Minority and majority schools that get aid must comply with norms: HC,” along with a report in the local newspaper Divya Bhaskar.
The Bench stated,
“The observations of the court in the deliberations during the course of hearing are published, gives an impression to the common people that the court has formed an opinion, which is a misrepresentation of the court proceedings. This approach of the newspapers’ editors is to be checked immediately.”
The Court demanded explanations from the editors about who authenticated the content of these reports and questioned why proceedings should not be initiated against them for providing a “false and distorted narration” of court proceedings.
These directives issued before the Court commenced hearing arguments related to the rights of aided minority institutions.
Before Senior Advocate Mihir Thakore, representing the petitioners, began his arguments, Chief Justice Agarwal remarked,
“Whatever observations we made in the court, they are printed in a way as if that is the order…There is a news report as if we have formed an opinion. The reporter did nothing but sit down, look at the clips, and then rephrase whatever we have said. Whatever we said, that was published. But it gave an impression to people that we have formed an opinion, which is very, very unfortunate.”
Thakore suggested that the Court should issue a contempt notice against the media houses, while Advocate General Kamal Trivedi added that court proceedings are often reported in a twisted manner.
Chief Justice Agarwal further commented,
“Judicial orders are never reported…they know that this is only an observation during the course of deliberations. How will we conduct the proceedings? What proceedings can be conducted by keeping mum? If I am not expressing my mind and not correcting myself during arguments, you will not know as to what is traveling in my mind. How will we write judgments?”
AG Trivedi also raised concerns about media reports on affidavits filed by the State and other parties. After another report in Divya Bhaskar highlighted, the Court observed,
” They are publishing it as a report as if the observation of the court is the finding. And in the last line, they will write one sentence: hearing is going on.”
Thakore pointed out that people primarily focus on the headlines, to which the Court responded, before passing the order,
“We are not going to stop the reporting, but we are going to issue notice to them”