The High Court of Kerala dismissed a petition filed by Sajan Varghese, one of the directors of Mangalam Television Channel, challenging the appointment of a commission to inquire into the airing of an audio clip involving a former State Minister and a woman.
The court rejected the contention of the petitioner that it was not the State government but the Central government that should order an inquiry into a matter which was telecast.
The argument of the petitioner that an inquiry could be ordered only into a definite matter of public importance was also rejected by the court.
The court observed that the news channels were “viewed by society without any inhibition and reservations.” There is “no dispute to the fact that the conversation which was telecast in the news channel is a conversation involving sexual connotations and the substance of the conversation was such that the Minister had to resign on account the telecast of the said audio clip,” the court observed.
If the contents of the audio clip, which telecast are something that could disturb or affect the tempo of life of the community or the tranquility of society, its a matter concerning public order, the court said.
The “liberty, which is enjoyed by the media is part of the freedom of speech and expression guaranteed under Article 19 (1)(a) of the Constitution,” the court said.
However, the court held that there “cannot be any doubt that the freedom of speech and expression guaranteed under the said Article is not an absolute right and the same does not include the right to tell the people what they do not want to hear,” the court said.
A matter relating to public order is certainly a matter of public importance, the court noted.
