The Indian Press has to maintain secular credential while discharging public function; Kerala HC

The High Court of Kerala, considering a case.No. 10727 of 2013) where a Malayalam newspaper by name “Thejass” was denied Governmental In an exhaustive judgment, Justice A. Muhamed Mustaque adverted to the freedom of Press, its nature of function, limitation on operational freedom of Press, test to classify freedom of press for control and action, and the scope of judicial review of the decisions related to security of the State, and Indian, British and American precedents and authorities on the point and said: “Any negative approach by Press denouncing fundamental constitutional values such as secularism will have a cascading effect on public reasoning to impair the collectivity, integrity and unity of the nation. Any attempt on the part of the Press to divide the people and country on the line of religious or communal hostility will have to be curbed by any responsible Government.” The ruling came in the following factual matrix: A writ petition was filed in the Kerala High Court by the publisher of 'Thejass', a Malayalam news daily, aggrieved by the denial of Governmental The petitioner contended that the State has withdrawn the The State's version for denial was on the ground that all the main Directors of Thejass, except one Director, are former activists of the Students Islamic Movement of India, a banned organisation and are acting as the main leaders of the Popular Front of India. The High Court said: “Press function though a private activity, is having public element and is also bound by the standards applicable to the State in respect of the dissemination of information and reporting. As has been noted it is all for the State to adjudge after analysing the function of the Press.” Moving on to the scope of judicial review in State’s measures to regulate freedom of Press for security, the High Court of Kerala said that the standards of review in reviewing the decision of the Government in security related issues must be placed at different pedestal by the Courts.