The High Court has reserved its order on a PIL seeking directions to quash the injunction order passed by a lower court restraining media houses from publishing any content against Bengaluru South BJP candidate Tejasvi Surya.
The court was hearing a PIL filed by the Association of Democratic Reforms who have moved the court stating that the said impugned order is devoid of any legal consideration and is ambiguous in nature.
The petitioner has further stated that the said impugned order makes Surya immune to public scrutiny. The petitioner also adds that the said impugned order illegally restrains the news publications and channels from fairly reporting news, events, or any other factually accurate information relating to Surya.
Also the said impugned order may result in the public being misinformed. It violates the freedom of speech and expression. The petitioner argued that every citizen has a right to information before making a decision to vote for a particular candidate. For this, the citizen is required to have an appropriate knowledge of the candidate, that includes his profile and background.
For free and fair elections, information flow about the candidates, including their antecedents, is important. Preventing the information flow in the guise of a defamatory suit violates free and fair election.
Advocate for Surya said the petition cannot be considered a PIL and the petitioner has filed the petition with a hidden motive. The petitioner is not a party in the original suit filed by Surya. Also, the petitioner is not a voter belonging to the Bengaluru South constituency. Therefore, they do not have a right to challenge the lower court’s order.
The counsel further contended that the public will not be affected by the operation of the injunction order.