The Editors Guild of India on Friday described the “gag order” issued by the Delhi High Court restraining all media organisations from a “complete and professional coverage” of sexual harassment allegations against National Green Tribunal chairman Justice (retired) Swatanter Kumar, as an “unwarranted intrusion into media freedom.”
“The order makes a mockery of the rule of law and open and fair justice system by setting different and overly restrictive standards for the coverage of such allegations against judges,” the Guild said in a statement, pointing out the futility of such an order when so much of the material pertaining to the case was already in public domain.
Further, the Guild described as strange that a High Court should pass a restraining order on coverage of the contents of an affidavit submitted to the Chief Justice of India even when the Supreme Court is seized of the matter.
Referring to the national discourse on protecting women against sexual harassment, the Guild said: “Complete and fair professional coverage of the case without critical information being held back from the public is vital for an informed debate. Several cases of sexual harassment and offences are reported across the country routinely with no prejudice to either the accused or to the judicial process, and to single out judges for special protection is invidious.”
The Guild is also of the view that such a restraining order presupposes that readers and viewers, as also the judge, would be swayed by what is put out in the media. Maintaining that such an order should be issued only if coverage “would pose a serious threat to national security or would lead to grave prejudice and miscarriage of justice,” the Guild added that “protection from presumed damage to reputation, whether of a judge or any other person, clearly does not warrant prior restraint and would not pass the test of reasonableness under Article 19(2) of the Constitution.”
