The Hindu : SC allows Editors Guild to implead in<i> The Hindu</i> case

Online edition of India's National Newspaper
Wednesday, Feb 18, 2004

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SC allows Editors Guild to implead in The Hindu case

By J. Venkatesan

NEW DELHI, FEB. 17. The Supreme Court today permitted the Editors Guild of India to implead itself as a party in the two writ petitions filed by five senior representatives of The Hindu and the Editor of the Tamil newspaper, Murasoli, challenging a Tamil Nadu Assembly resolution sentencing them to 15 days' imprisonment for breach of privilege of the House.

While confirming the stay against the execution of the warrants issued by the Tamil Nadu Speaker pursuant to a resolution of the House dated November 7, 2003, the court had, in December last, referred the matter to a Bench of five Judges to decide the important questions of law raised in the petitions.

The court, in its brief order, had said "it is evident that substantial questions of law as to the interpretation of Articles 194 (3) (powers, privileges and immunity of the House), 19 (1) (a) (freedom of speech and expression), interplay between these two Articles, Article 21 (protection of life and personal liberty) and also as to the interpretation of other provisions of the Constitution are involved" and "we direct that these petitions be placed before a Bench of at least five Judges."

Seeking to implead itself in the case, the Guild had said that the object of the Guild was to uphold the freedom of the press and other mass media, to safeguard editorial independence and to promote journalism, and it was vitally interested in the petitions filed by The Hindu as they raised important questions of law relating to the freedom of the press and the rights of free expression.

The petitions also raised important questions about the liberty of journalists, including the Editors, and the interpretation of Article 21 of the Constitution and the scope of the powers and limitations for contempt under Article 194. The Guild submitted that it might be allowed to implead in the public interest.

Appearing for the Guild before Mr. Justice N. Santosh Hegde, counsel P.H. Parekh submitted that the Press Council and certain journalist associations had already been permitted by the court to intervene and hence the Guild might also be allowed to implead. The Judge accepted the submission and granted permission to it to intervene in the matter. F.S. Nariman will appear for the Guild when the Constitution Bench takes up the matter.

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