The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995
journals or through any other communication channel e.g. the radio and the
television. The right extends to the citizen being permit- ted to use the media to
answer the criticism levelled against the view propagated by him. The print media,
the radio and the tiny screen play the role of public educators, so vital to growth of a
healthy democracy. These communication channels are great purveyors of news and
views and make considerable impact on the minds of the readers and viewers and are
known to mould public opinion on vital issues of national importance. Modem
communication mediums advance public interest by informing the public of the
events and developments that have taken place and thereby educating the voters, a
role considered significant for the vibrant functioning of a democracy. Therefore, in
any set-up, more so in a democratic set-up like ours, dissemination of news and views
for popular consumption is a must and any attempt to deny the same must be
frowned upon unless it falls within the mischief of Article 19 [2].This freedom must,
however,be exercised with circumspection and care must be taken not to trench on
the rights of other citizens or to jeopardise public interest.
A constitutional provision is never static, it is ever-evolving and ever-changing and,
therefore, does not admit of a narrow, pedantic or syllogistic approach. The Constitution-makers employed broad phraseology while the fundamental tights so that
they may be able to cater to the needs of a changing society. Therefore, constitutional
provisions must receive a broad interpretation and the scope and ambit of such
provisions, in particular the fundamental rights, should not be cut down by too astute
or too restricted an approach, unless the context otherwise re- quires.
21.The facts in the other case which was disposed of simultaneously by the same judgment were that
the Doordarshan refused to telecast a documentary film on the Bhopal Gas Disaster titled 'Beyond
Genocide' produced by the respondent Ciment Foundation on the grounds that [i] the film was
outdated, [ii] it had lost its relevance, [iii] it lacked moderation and restraint, [iv] it was not fair and
balanced, [v] political parties were raising various issues concerning the tragedy, [vi] claims for
compensation by the victims were sub judice, [vii] the film was.likely to create commotion in the
already charged atmosphere and [viii] the film criticised the action of the State Government and it
was not permissible under the guidelines. The respondent filed a writ petition in the High Court on
the ground of violation of his fundamental right under Article 19 [1] (a) and for a mandamus to the
Doordarshan to telecast the film. The High Court held that the respondent's right under Article 19
[1] (a) obliged the Doordarshan to telecast the film and directed the Doordarshan to telecast the film
at a time and date, convenient to it keeping in view the public interest, and on such terms and
conditions as it would like to impose in accordance with the law. In the appeal against the said
decision filed in this Court, the Court held that once it has recognised that the film maker has the
fundamental right under Article 19 [1] (a) to exhibit the film, the onus lies on the party which claims
that it was entitled to refuse enforcement of this right by virtue of law made under Article 19 [2] to
show that the film did not conform to requirements of that law. Doordarshan being a
State-controlled agency funded by public funds could not have denied access to screen except on
valid grounds. The freedom conferred on a citizen by Article 19 [1] (a) includes the freedom to
communicate one's ideas or thoughts through a newspaper, a magazine or a movie. Traditionally,
Indian Kanoon - http://indiankanoon.org/doc/539407/
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