The Madras High Court has refused to restrain the print as well as electronic media from publishing or broadcasting news about representations, letters or memorandums presented by lawyers or their associations to the Chief Justice.
The First Bench comprising Chief Justice M. Yusuf Eqbal and Justice T.S. Sivagnanam wondered how a blanket direction could be issued to the media if copies of such representations and memorandums were provided to them by the lawyers concerned.
The Bench also said that it had no authority of law to give an injunction against the media from publishing news about filing of cases in the High Court Registry, on information supplied by the lawyers, even before those cases were listed for hearing before the judge concerned and orders were passed.
The observations were made while disposing of a public interest litigation petition filed by the Madras High Court Practising Advocates Association, represented by its president ‘Elephant' G. Rajendran, last year to restrict media coverage of High Court news.
As for petitioner's plea to direct the media not to publish any matter relating to High Court administration without prior permission of its Registrar General was concerned, the Bench said: “We find some merit in the said prayer.
“There are many matters directly relating to the internal administration of the High Court and subordinate judiciary in the State of Tamil Nadu. There are matters concerning the service conditions and the departmental enquiries of the judicial officers and staff of the High Court as well as the subordinate judiciary which are pending on the administrative side of the High Court.
“On such administrative matters, a heavy responsibility lay on the press and the media to restrain themselves from publishing such pending administrative matters if the disclosure of such pending matters damage the dignity, decorum and honour of any individual judge or members of the judiciary.
“A good amount of responsibility is cast upon the press and media towards society to see that the public order, decency and morality are safeguarded. However, it is made clear that there shall not be any restriction on the press and media to publish in the newspaper any decision taken on the administrative side of the High Court against any person after such decision is circulated to the person concerned.”
