Delhi High Court
Raghav Awasthi vs Union Of India & Ors. on 19 February, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2415/2024 and CM APPL. 9921/2024
RAGHAV AWASTHI ..... Petitioner
Through: Petitioner in person (Through VC)
Versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Chetan Sharma, Ld. ASG with
Mr. Apoorv Kurup, CGSC, Ms. Nidhi
Mittal, Mr. Amit Gupta, Mr. Akhil
Hasija and Ms. Gauri, Advocates for
R-1, R-4, R-6 and R-7
Ms. Mamta Jha, Mr. Rohan Ahuja,
Ms. Shruttima Ehersa and Ms. Diya
Viswanath, Advocates for R-8
% Date of Decision: 19th February, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
CM APPL. 9922/2024 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
W.P.(C) 2415/2024 and CM APPL. 9921/2024
1. Present writ petition has been filed seeking directions to the
Respondents to frame guidelines to the effect that no media outlet is
permitted to publish any source-based speculation as to whether any
government officer/diplomat posted abroad is working for Indian
Intelligence Agency and to further direct the Respondent No. 1 to block the
URL of the article dated 30th November, 2023 published in an online news
magazine "The Print".
2. The Petitioner, who appears in person states that the news article
dated 30th November, 2023 compromises the career of the officers
mentioned therein. He states that since they have been branded as
Intelligence Officers, they would not be able to work at any other Indian
mission elsewhere. He further states that some of them have relatives and
family members who are working as diplomats in sensitive posts and the
fact that their identities have been disclosed would mean that their relatives
and family members would not only have their careers compromised but
would also put them in the way of physical harm.
3. This Court is of the view that the contentions and submissions
advanced by the Petitioner, who is an advocate are mere surmises and
conjectures, which are based on hearsay.
4. The impugned article involves facets of freedom of press as well as
right to know. In the prima facie opinion of this Court, the impugned article
does not compromise the careers of the Officers or puts the life of their
family members in any physical harm. In any event, the Government of
India has full authority under applicable law to take action against any
periodical or to take-down any article which, in its opinion compromises
national safety and security. The Union of India requires no advice or aid or
assistance of the Petitioner. Issues of intelligence or relations between
Government of India and foreign States need to be handled with extreme
care and caution. The Courts should not easily transgress into this space.
5. Accordingly, the present writ petition and application are dismissed.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
FEBRUARY 19, 2024/rhc
