Free Speech needs to be zealously protected, especially for journalists: Justice Surya Kant

Right to freedom of speech needs to be zealously protected, especially for journalists and the media, Supreme Court judge Justice Surya Kant recently said..Justice Kant said that innovative and different ways may be devised to curtail the right to free speech but such efforts have been strongly disapproved by the courts.“There cannot be any second opinion that the right to free speech needs to be zealously protected and we must take all measures to protect that right. There may be some direct or indirect efforts in different ways [to curtail the right to free speech] because it is an innovative world and people keep on inventing different kinds of methods and mechanisms. Sometimes, these are misused to trample on this right. But I think our system is such... It [freedom of speech] is not only a constitutional guarantee but a part of the right to dignified life. This right to dignified life also includes the right to free speech,” he said.Specifically on the freedom of speech of journalists, Justice Kant opined that attempts to gag media have been disapproved by courts. “Particularly, for the journalists and media that rights need to remain protected, subject to whatever constitutional restrictions are there. These are qualified as reasonable restrictions beyond that, the right must be protected. Much also depends on case to case basis also. Sometimes we may find that it qualifies as reasonable restriction but when it is found that in the name of reasonable restriction, the effort was to gag then that has been strongly disapproved by the courts,” he said. .Justice Kant was speaking at the launch of the book titled ‘Comparative Advertising: Law & Practise’ written by Senior Advocate Chander M Lall.Supreme Court judge Justice KV Viswanathan, Delhi High Court Acting Chief Justice Manmohan and Delhi High Court judge Justice Vibhu Bakhru were also present at the book launch held on May 10.The judges along with Senior Advocate Lall participated in a discussion moderated by senior journalist Vikram Chandra..Responding to a question on the freedom of the speech and media, Justice Viswanathan said that arresting a journalist after an article is the straightforward way to gag the media.However, that is not always the case and at times, innovative ways are devised to achieve the same end.“What arose in Bennett Coleman case was also about free speech. The then government just raised the duty on investment [newsprint]. The effect of it was that the papers were suffering. The courts came in and said we will look at the substance of infringement on free speech and not just form and they [Supreme Court] struck it down tracing it to free speech. So, the corporates were protected... These things have happened, they will continue to happen and the courts will surely play a creative role in protecting the right to free speech within the four corners of the constitution,” he said. Justice Manmohan said that free speech is placed on the highest pedestal and it needs to be ensured that there is 'free' after 'speech'.