J&K HC delivers historic verdict for press freedom, quashes case against Republic & Arnab

Over the past 4 and a half years, Republic Media Network has led the crusade for the truth, it has stood firm for what is just and it has remained undaunted in the face of pressures and methods of intimidation. On Wednesday, in yet another victory for Republic, the High Court of Jammu & Kashmir and Ladakh quashed a criminal complaint against Editor-in-Chief Arnab Goswami and Republic TV in a 35-page landmark judgment. The said complaint was filed by PDP senior leader and former minister Naeem Akhtar.

Republic At Forefront of Fighting For Media Rights

Republic Media Network has been at the forefront of media rights. The win by Arnab Goswami and Republic marks a victory for the entire media in a battle fought relentlessly by Republic TV. Not only did the Honourable Jammu & Kashmir and Ladakh High Court quash the complaint that alleged that on July 4th, 2018, the news channel of Republic TV broadcast a defamatory and malicious news segment against the PDP Leader, but also laid the law of the land that will set a precedent in all matters of a free press in the years to come.

Court Lays Law of the Land

A bench of Justice Sanjay Dhar refusing to press defamation charges against the Republic emphatically championed the cause of the media's right to report. The bench said reporting of a document in the public domain, having allegations against a Minister on the public duties of the said Minister would not be considered defamation. The precise statement of the court was, “categorizing as defamation, the publication of allegations/ charges concerning public duties of the public figure recorded in a letter which is in the public domain, would be an unreasonable restriction on the freedom of the press guaranteed under Article 19(1)(a) of the Constitution”

The judgment upholds the rights of a journalist to publish a report in the public domain. It says when a journalist publishes a report on a public figure which is in the public domain it cannot be said that there was an intention to harm the reputation of such a person. It, therefore, establishes that truth prevails as the media's freedom is upheld by the courts of the country and the law of the land is laid.

Further, the court stated this is not a case where the allegations against the have emanated from the petitioner (Arnab Goswami). The petitioners were only disseminating whatever was already in the public domain in the form of a letter. Akhtar had filed a complaint against Republic and Arnab Goswami in 2018, before the Chief Judicial Magistrate, Srinagar, alleging that the news channel broadcast defamatory news against him. It is important to note that this was after a letter was written by a member of the Bharatiya Janata Party to the Governor.

In the letter, the member of the BJP levelled corruption allegations against a 'close aide' of former Chief Minister of the State Mehbooba Mufti. Akhtar alleged that the letter did not make a mention of the name of any person, but Republic intentionally mentioned his name. Refuting this contention, the court said in paragraph 33 of the judgment, it could be an unreasonable restriction on the freedom of the press if the press was not allowed to report allegations levelled by a senior office-bearer against a minister.

Privacy vs Freedom of Press 

Speaking on the right to privacy of a person versus freedom of the Press, the court laid down the law of the land. In paragraph 34, the judgement said, once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by the press and media.

The Chief Judicial Magistrate while taking cognizance of the complaint, had issued a process against Arnab Goswami. However, disapproving the hasty action of the Chief Judicial Magistrate, Justice Dhar stated "it seems, the magistrate has not applied his mind to the whole material before him” and “it seems that the Magistrate has approached the whole matter lightly and in a mechanical manner...”

Republic's Relentless Battle At Journalistsic Front 

This landmark verdict comes almost a year after the Honourable Supreme Court in a separate case upheld Arnab Goswami’s right to liberty. The Apex Court had noted, “The doors of this Court cannot be closed to a citizen who is able to establish prima facie that the instrumentality of the State is being weaponized for using the force of criminal law.”

Republic has repeatedly fought the uphill battle with the truth on its side. Republic has remained undaunted and steadfast in its commitment to a free press. There is no doubt that when the chapter on Indian journalism is written in history, Republic will proudly be recorded as the only Indian news network that continually fought for press freedom, no matter the threats