Guwahati: The Supreme Court on Thursday sought responses from the Centre and Delhi Police on a plea seeking binding guidelines to regulate police interactions with journalists covering protests, public assemblies and crowd-control operations, following allegations of assault, intimidation and harassment of media personnel in Delhi.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said it would consider framing guidelines after senior advocate Indira Jaising, appearing for the petitioner, sought a national protocol to protect journalists while reporting from public events.
“We would like to lay down guidelines,” the bench observed.
The plea alleged that several journalists, including women reporters, were assaulted, manhandled and intimidated by police while covering protests near Jantar Mantar against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
The bench also directed that no coercive action be taken against a woman journalist facing a case filed by a Delhi Police officer, who accused her of making casteist remarks and publicly humiliating him during a protest.
The court described allegations in the journalist’s complaint of molestation by a police officer as “very serious” and asked the police to examine the complaint and complete its inquiry.
Jaising told the court that no first information report (FIR) had been registered on the journalist’s complaint. She alleged that several women journalists had been pushed and assaulted, including by male police personnel, while carrying out their professional duties.
Seeking an independent investigation into the complaints, Jaising argued that the police should not investigate allegations against their own personnel. The bench suggested that an independent panel could comprise predominantly or exclusively women members, including retired judges and former Indian Police Service officers. Jaising said she would submit a list of complaints in a sealed cover.
Solicitor General Tushar Mehta, appearing for the Centre, questioned how journalists could be distinguished from people recording videos for social media during protests.
“In the present era of digital technology, anyone having a mobile is a journalist,” Mehta said, referring to the difficulties authorities face in distinguishing professional journalists from people making social media reels.
The bench said every voice before the court would be heard, irrespective of the number of people involved.
The court also heard allegations that police had seized electronic devices belonging to journalists covering the protests. Mehta sought permission to file a response on the matter.
Separately, senior advocate Gaurav Bhatia raised allegations that a three-month-pregnant woman journalist was pushed by Congress leader Rahul Gandhi on the Supreme Court premises during an October 12 march and was subsequently hospitalised. The bench asked Bhatia to file a petition on the issue, saying it would consider the matter.
The plea seeks a declaration that arbitrary detention, intimidation, assault, manhandling and forcible removal of journalists engaged in legitimate news gathering violate fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution.
It also seeks the preservation and disclosure of records relating to incidents involving journalists since October 10, including CCTV footage, body-worn camera recordings and police videography.
The petition calls for binding safeguards to protect journalists’ safety, dignity and bodily integrity, particularly that of women reporters, while covering protests and other events of public importance.
