The Karnataka High Court has upheld the conviction of Power TV Managing Director Rakesh Sanjeeva Shetty for disobeying a court injunction, but has reduced his three-month prison sentence to a single day.
In a ruling delivered on July 10, Justice K. S. Hemalekha modified the penalty on the condition that Shetty submits a formal apology, files a compliance affidavit, and pays damages to the affected police officer.
The legal dispute arose after a Bengaluru Rural civil court issued an interim injunction on September 8, 2023, barring the media outlet from broadcasting defamatory content about Indian Police Service officer Dr. B. R. Ravikanthegowda. The officer subsequently filed a complaint alleging that the channel ignored the order by airing derogatory programs about him on September 22 and 23, 2023.
Trial Court Detention Order
On January 6, the trial court found Shetty guilty of deliberately violating the injunction. Under Order XXXIX Rule 2A read with Section 151 of the Code of Civil Procedure, the court ordered him to be detained in a civil prison for three months. Shetty appealed the ruling to the High Court, challenging his personal liability in the matter.
In his appeal, Shetty argued that the original lawsuit targeted the channel’s editorial operations rather than him personally as the managing director. He contended that he should not face detention without specific evidence linking him to the editorial decisions behind the broadcasts.
Liability Of Executive Officers
The High Court rejected this defense, pointing out that Shetty was listed as Defendant No. 52 in the lawsuit and had actively participated in the proceedings, including filing a written statement and applying to lift the injunction. Justice Hemalekha clarified that an injunction applies to the entire organization, meaning any individual responsible for its management and operations is subject to penalties for disobedience.
Shetty also argued that the broadcasts were legitimate journalistic reporting based on external complaints received by the station. The High Court dismissed this reasoning, stating that receiving complaints does not give a media outlet the right to publish derogatory material while a court-mandated restriction is active. The court noted that if the channel required clarification on what it could report, it should have formally petitioned the court rather than interpreting the injunction unilaterally.
Constitutional Limits On Press Freedom
The ruling emphasized that while press freedom is a crucial element of democratic transparency under Article 19(1)(a) of the Indian Constitution, it is not an absolute right. Justice Hemalekha observed that the constitutional right to speech must be balanced against the right to reputation, which is protected as part of the right to life and liberty under Article 21.
The High Court warned that permitting individuals or media organizations to disregard judicial orders based on their own interpretations would undermine the rule of law and erode public trust in the judicial system.
To resolve the matter, the court modified the sentence to one day in prison, contingent on Shetty broadcasting a formal apology on Power TV, filing a trial court affidavit promising strict compliance with the injunction, and paying Rs 50,000 to the officer within four weeks.
