While hearing a plea seeking strict enforcement of the Section 126(1)(b) of the Representation of the People Act, 1951, Calcutta High Court emphasized that sensationalism is anathema to responsible and responsive journalism.
The matter was taken up by a division bench of Chief Justice Thottathil B Radhakrishnan and Justice Arijit Banerjee. “Print and audio-visual media could be proactive but has to be sensitive. This is what is meant in the truest sense by the oft mentioned term fourth estate,” noted the bench.
Section 126(1)(b) of the Representation of the People Act, 1951 reads, “No person shall display to the public any election matter by means of cinematograph television or other similar apparatus in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.”
The petitioner has filed the petition submitting his apprehension that media and publishing houses could violate the provisions of the Section 126(1)(b).
While expressing the faith in concerned authorities that they would ensure the strict obedience of law, the court stated, “We may put on record that sensationalism is anathema to responsible and responsive journalism. Print and audio-visual media could be proactive but has to be sensitive. This is what is meant in the truest sense by the oft mentioned term ‘fourth estate’.”
Senior Counsel Rakesh Dwivedi appearing for Election Commission of India submitted that canvassing and election rallies have been stopped by the Commission since the last phase of the West Bengal Legislative Assembly election is slated to be held on April 29 (Thursday). Hence, there is no reason to apprehend the breach of the law.
“We record this submission and direct that the authorities concerned shall strictly enforce the aforesaid provision of law,” the court said.
The matter has now been posted for May 3.
