Can’t impose censorship, martial law: HC on Kejriwal’s arrest coverage by media

The Delhi high court on Wednesday disapproved of attempts to censor the media or place unreasonable restrictions on free speech as it fined a petitioner ₹1 lakh for seeking to restrain news channels from broadcasting sensational headlines about chief minister Arvind Kejriwal’s arrest or speculation about his resignation.
“Do you think courts impose censorship under Article 226 [writ jurisdiction]? You are asking for a gag order against the press? What do we do? We impose emergency? Censorship? Martial law?” remarked acting chief justice Manmohan, addressing advocate Shrikant Prasad, who appeared as the petitioner.
Prasad argued the media coverage and the orchestrated political protests led by Bharatiya Janata Party Delhi chief Virendra Sachdeva against Kejriwal were extreme violations of fundamental rights. He sought to prevent Sachdeva from exerting undue pressure on Kejriwal to resign through political protests or statements.
The Centre, represented by additional solicitor-general Chetan Sharma, countered the plea, suggesting Prasad filed it for ulterior motives as he is a permanent Jharkhand resident.
The bench of Justices Manmohan and Manmeet PS Arora said the court could not enforce emergency measures like stopping political rivals from holding rallies or making statements demanding Kejriwal’s resignation. It also rejected Prasad’s request to allow Kejriwal to govern from jail via video conferencing.
The bench noted the Supreme Court was hearing Kejriwal’s plea against his arrest. It highlighted that it cannot direct the media to withhold their views, nor can it take actions akin to declaring an emergency or martial law.
“Since the CM [chief minister] of Delhi has already filed a petition in the Supreme Court challenging his arrest by the ED [Enforcement Directorate] and the Supreme Court is considering the issue of interim release, this court is of the view that no orders for allowing the CM to interact with the ministers via video conferencing in the PIL are called for,” the court said in its order.
“This court is also of the view that it can neither impose censorship by directing media channels not to air their views or proclaim emergency or martial law by preventing political rivalries of the CM from organising any rally or protest or making any statement calling for his resignation. Accordingly, the present writ petition is dismissed.”
The plea was dismissed a day after the Supreme Court indicated a willingness to grant interim bail to Kejriwal in the excise policy case amid the ongoing general elections. But the top court expressed reservations about allowing him to discharge his official functions as the CM during the period of interim bail, saying it “will lead to conflict” and may have a “cascading effect”.
The high court last month dismissed three pleas, seeking the removal of Kejriwal from the post of chief minister. It said it would not enter into this thicket when the issue was examined by the Lieutenant Governor (LG). The court remarked that it was not the court’s job to remove a chief minister and that it should not anticipate the actions of the LG or the President of India, who had discretion in such matters.
The high court also dismissed a plea seeking “extraordinary interim bail” for Kejriwal in all criminal cases registered against him in connection with the alleged irregularities in the now-scrapped 2021-22 Delhi excise policy while slapping a ₹75,000 fine on the petitioner.
On May 1, the high court rejected a plea effectively challenging the CM’s arrest, holding Kejriwal was in judicial custody due to judicial orders and had the wherewithal to approach the court himself.
Kejriwal was arrested on March 21 after the high court denied his request for interim protection. ED has accused him of being the “kingpin” and “key conspirator” of alleged corruption. It alleged he acted in cahoots with ministers of his Cabinet and other Aam Aadmi Party leaders while seeking benefits from in the form of a “company”. Kejriwal has denied all the charges.