Media reports on Abhishek Banerjee are political propaganda; initiate defamation, we can't gag media: Calcutta High Court

The Calcutta High Court on Tuesday said that it cannot "gag" media reports concerning Trinamool Congress (TMC) leader Abhishek Banerjee and his wife, Rujira Banerjee, even though many of such reports were outrightly defamatory. [Rujira Banerjee vs Union of India].Justice Sabyasachi Bhattacharyya observed that such gag orders are not expected to be passed in a healthy democracy. "Even if we suppose pass such an order (restraining media from reporting), how do you enforce such orders? That would definitely will be a gag order in every sense which is not expected in a democracy. Media definitely has the right to speak, they bring information to the people, open justice means access to justice," the judge added.Notably judge noted that a defamation case could be lodged against misleading reports, on finding that most of the news items produced in Court appeared to be "outright defamation.""It is political propaganda. Very clearly political propaganda. Courts of law cannot pass orders on political propaganda," the judge added. .The Court was hearing a plea filed by Rujira Banerjee, wife of Abhishek Banerjee, to restrain certain media houses from reporting on the couple in connection with an ongoing probe in the school for jobs scam..The hearing today saw the Court observe that there was little scope to restrict the media on reporting in the case."We can at the most say that the media shall not give their own opinions, their views or their take on the issue till a particular period - say till the end of the trial. But yes, objective and true information must be given. Ordinary and mainstream journalism will have to be restricted to law reports, like the AIR. Can we do that to the public? There has to be a healthy discussion in the society. How can you interdict it," Justice Bhattacharyya said. .Appearing for Rujira, senior advocate Kishore Datta questioned whether the couple's right to privacy can be curtailed by citing a citizen's right to information. "Can the fundamental right of a section be allowed to affect the rights of a person or a family. My right to privacy cannot be taken away. The news reports are inculcating something about us in the public mind," he said. .Advocate Datta further pointed out that due to the round-the-clock coverage and sensationalised news reports, the couple's right to a fair investigation was being violated. He argued that the media was portraying the couple as if they were guilty.Datta also read out several news reports which directly or indirectly named the Banerjee family in relation with various financial transactions which were being probed by the Enforcement Directorate (ED). "Probably, your family is paying the price of its popularity," the judge responded.The judge further pointed out that every media house has an affiliation to a someone who finances its business. Media houses could have affiliations to some political party as well, the Court noted."That is an open secret. Thus, there will be some political mud slinging. But we cannot pass gag orders," the judge added..The judge further noted that many of the news articles concerning the Banerjees were gossip items and that the petitioner should avoid reading them."Gossip but at the expense of my fundamental rights cannot be allowed Milord," Datta replied. .The Court will hear the matter next on Wednesday.