The Supreme Court on Thursday observed that distinguishing accredited journalists working for recognised news organisations from others claiming to be journalists was a challenge. The court made the remarks while hearing petitions alleging that journalists were assaulted, harassed and detained during protests in Delhi on October 10-11.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing pleas alleging that police personnel had harassed and manhandled women journalists during the demonstrations. The bench termed the allegations serious and said it would consider the appropriate course of investigation.
“The difficulty is when everyone claims to be a journalist under the right to freedom of expression,” Justice Bagchi observed.
The bench also highlighted the difficulty of distinguishing accredited journalists from those working in the digital space. It indicated that the court would examine the different levels of protection that should be available to accredited journalists and how they could be distinguished from influencers and others.
During the hearing, Senior Advocate Indira Jaisingh told the court that a woman journalist she was representing had allegedly been severely assaulted by a male Delhi Police officer during the October 10-11 protests.
Jaisingh offered to submit a report in a sealed cover containing the names of several women journalists who had allegedly experienced assault and harassment during the demonstrations.
The bench said the allegations warranted serious consideration and that it would examine the appropriate mechanism for investigating the cases.
Addressing Solicitor General Tushar Mehta, who appeared for the Centre and Delhi Police, the court said, “Don’t take coercive action against the woman journalist.”
Jaisingh suggested forming a committee to investigate the allegations, preferably comprising former women judges and retired IPS officers. The bench, however, indicated that the current proceedings would be confined to the woman journalist specifically identified in her petition.
“We will restrict this case to the particular victim you have mentioned in the petition,” the court said.
The bench also noted that it would need to balance the rights of the alleged victims against concerns relating to the identification and protection of journalists.
“There are specific allegations against certain police officials. We are examining whether an independent investigation agency needs to investigate,” the court observed.