Delhi High Court
Prem Kumar Singh vs Govt Of India And Ors on 6 December, 2017
$~11
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10825/2016
% Date of decision : 6th December, 2017
PREM KUMAR SINGH ..... Petitioner
Through : Petitioner in person.
versus
GOVT OF INDIA AND ORS ..... Respondents
Through : Ms. Suparna Srivastava, CGSC
with Mr. Tushar Mathur, Adv.
for R-1.
Mrs. Madhavi Divan, Mr.
Manan Verma, Ms. Nidhi
Khanna and Mr. Ayush Puri,
Advs. for R-2.
Mr. N.B. Joshi and Mr.
Abhijeet Negi, Advs. for R-3.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. This writ petition has been filed in public interest impleading
Ministry of Information and Broadcasting as respondent no.1; Press
Council of India and The Indian Express Private Limited as party
respondent nos.2 and 3 respectively seeking the following prayers :-
"a) Issue a writ in the nature of mandamus to Respondent
no.3 an a directing in general to all news channels and
newspapers while restraining them the use of word "Dalit";
b) Issue appropriate writ/mandamus in the nature of
direction to the respondent no. 1 & 2 to take appropriate step
for ensuring that the word "Dalit" may not be used
unnecessarily and unjustifiably without any relevance of the
same;
c) Issue a writ in the nature of mandamus to ensure
compliance of the laws related to prohibition of use of
community related words, without any relevance.
d) Issue appropriate directions to the respondent no. 1
and 2 to keep a vigilant eye upon the publication an
presentation of news by the media houses so that a
harmonious atmosphere among the different religion, race,
caste and community people may be created in the country;
e) Impost a punitive cost upon the respondent no.3 for its
act of creating an atmosphere of hatred and disharmony in
the country by presenting the news in a provocative an
distorted manner."
2. The Press Council of India, impleaded as respondent no.2 by
the petitioner points out that it has issued norms and guidelines which
discourages the caste identification of the person or a particular class
in the newspaper publication. The same are reproduced hereafter :
"Caste, religion or community references
i) In general, the caste identification of a person or a
particular class should be avoided, particularly when
in the context it conveys a sense or attributes a conduct
or practice derogatory to that caste.
ii) Newspapers are advised against the use of word
'Scheduled Caste' or 'Harijan' which has been
objected to by some.
iii) An accused or a victim shall not be described by his
caste or community when the same does not have
anything to do with the offence or the crime and plays
no part either in the identification of any accused or
proceeding, if there be any.
iv) Newspaper should not publish any fictional literature
distorting and portraying the religious or well known
characters in an adverse light offending the
susceptibilities of large sections of society who hold
those characters in high esteem, invested with
attributes of the virtuous and lofty.
v) Commercial exploitation of the name of prophets,
seers or deities is repugnant to journalistic ethics and
good taste."
3. In the counter affidavit which has been filed by the respondent
no.2 before this court, the Press Council of India has referred to a
letter dated 5th April, 2016 which had been sent by the petitioner
making the same grievance as has been made in the writ petition to it.
In response, by a letter dated 28th April, 2016, respondent no.2
had called upon the petitioner to file a formal complaint in accordance
with Regulation 3 of the Press Council of India (Procedure and
Inquiry) Regulation 1979.
4. This writ petition has been filed without making the said
complaint or seeking redressal from the respondent no.2.
5. We are informed by the petitioner who appears in person, that
this response dated 28th April, 2016 was not received by him and that
he would like to make complaint in terms thereof. A copy of the letter
dated 28th April, 2016 is enclosed with the counter affidavit filed in
this court.
6. In view of the above, this writ petition is disposed of with a
liberty to the petitioner to make a complaint in terms of Regulation 3
of the Press Council of India (Procedure and Inquiry) Regulation 1979
to the respondent no.2 who shall take a view in the matter
expeditiously in accordance with law.
Dasti.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
DECEMBER 06, 2017
mk
