In a significant judicial turn, the Supreme Court on Wednesday issued a stay on the Gujarat High Court’s decision that had rejected an apology affidavit from “The Times of India.” The affidavit was part of a broader media controversy involving alleged misreporting on court proceedings.
The controversy originated from an article published on August 13, which led to the Gujarat High Court demanding bold, front-page apologies from “The Times of India,” “Indian Express,” and “Divya Bhaskar.” The court expressed dissatisfaction with the newspapers’ reporting of its observations during a hearing on the rights of minority educational institutions and state regulatory powers.
Justice B.R. Gavai, leading a bench that also included Justices P.K. Mishra and K.V. Viswanathan, addressed the appeal filed by Bennett, Coleman and Company Limited, the publisher of “The Times of India.” The Supreme Court’s interim order halts both the contempt proceedings initiated by the High Court and the requirement for the newspapers to publish an apology, pending further legal proceedings.
During the August 12 hearing, the Gujarat High Court had discussed the state’s authority over minority-run institutions, emphasizing the balance between national interest and institutional autonomy. However, the subsequent media coverage, particularly the articles titled “State can regulate minority institutions by excellence in education: HC” and sub-headed “Have to give away rights in national interest,” was deemed misleading by the High Court. It argued that such reports misrepresented the court’s neutral and ongoing deliberation as a definitive stance, potentially prejudicing public opinion.
Furthermore, the High Court had criticized the manner in which the news was reported as sensational, undermining the judiciary’s intent to convey its proceedings accurately. It questioned the newspapers’ sources, particularly their reliance on YouTube live-streaming for content, and the absence of official court authentication before publication.
