By M Ahmad
Srinagar- A court here referred to eminent jurist, late Nani A. Palkiwala’s article, underscoring need for freedom of press, while as it junked a defamation suit filed against a scribe.
“Freedom is to the press what oxygen is to the human being; it is the essential condition of its survival. To talk of a democracy without a free press is a contradiction in terms. A free press is not an optional extra in a democracy,” the court of 1st Additional District Judge Srinagar said while reproducing a few lines from Palkiwala’s article, ‘The Fourth Estate’ in his book. The court made the reference while dismissing a defamation suit filed against a Kashmir based journalist.
“Since the defendant (journalist) has substantiated his claim by placing on record the certified copies of various cases pending against the plaintiff in different courts, and the article has a reference of these cases and prima facie it cannot be said that the article has been published with the sole purpose of maligning and defaming the plaintiff,” the court said, adding, “The application of the plaintiff if allowed will amount to placing restrictions on the freedom of speech and expression.”
The journalist, the court said, has a right to express himself, to make fair commits which are based on facts. “In case the defendant (journalist) is restrained from publishing the article that will amount to placing restrictions on the freedom of speech and expression,” the court said, adding, “In view of what has been stated above I do not find that the plaintiff has a prima facie case in his favour.”
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