Good for free speech

Times of India's Edit Page team comprises senior journalists with wide-ranging interests who debate and opine on the news and issues of the day.
SC gives a fine & necessary order
Overturning a Delhi HC verdict, Supreme Court on Friday held that public scrutiny of court orders is not just kosher, but also necessary 'as a check against judicial caprice or vagaries', in the words of an earlier 9-judge bench. SC reiterated public gaze was 'a powerful instrument for creating confidence of the public in the fairness, objectivity and impartiality of the administration of justice.'
The case was about Delhi HC's order to Wikimedia to take down a website page that discussed the court's order on the legal dispute between ANI and Wikimedia. ANI had accused Wikimedia of defamation; the page in question detailed the case – this, Delhi HC held, was 'contempt of court'. Wikimedia moved SC, which on Friday correctly said that 'it is not the court's job to tell the media: delete this, take that down.'
Courts frequently bristle at even bona fide criticism, using a very broad definition in the Contempt of Courts Act 1971, which criminalises acts that 'scandalise' a court. Even Chandrachud's pan-India initiative to live-stream court proceedings was also centred on enhancing transparency. SC in this case used twin tests of necessity and proportionality to conclude that to improve any system, including the judiciary, introspection was key, and only robust debate could ensure that, 'even on issues before the court'. This is not just a blow for free speech but a step towards a maturing of Indian democracy.
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This piece appeared as an editorial opinion in the print edition of The Times of India.

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