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Karnataka HC quashes media gag order in D’sthala case

The Karnataka HC struck down a lower court’s gag order on reporting the Dharmasthala mass burial case, calling it a sweeping, unconstitutional curb on free speech that could have a chilling effect on journalism.

Agencies

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  • Karnataka High Court (Photo | Adobe Stock)

BENGALURU, 1 AUG


The Karnataka High Court on Friday struck down a media gag order imposed by a lower court against the in the Dharmasthala mass burial case, calling it an Unconstitutional restraint on free speech.


A single judge bench of Justice M Nagaprasanna said that the trial court did not mention any alleged defamatory content when passing its order, calling the gag order a “sweeping injunction”. The ruling further stated that the order was so broad that it “threatens” any voice against the respondent-plaintiff, the family or even Dharmasthala. 


The plaintiff, Harshendra Kumar D. is the brother of Dharmasthala Pattadhikari D. Veerendra Heggade.


The High Court’s order came in response to a petition filed by the YouTube channel Kudle Rampage, which was one of 338 respondents barred from publishing any content related to the case.


Justice Nagaprasanna said that the trial court’s order could create a “chilling effect” on journalism and public accountability.


Advocate A Velan, who represented the petitioners, called the ruling a “powerful affirmation that the courts will not permit the law to be used as a shield against public accountability.” 


The case emerged after an anonymous former sanitation worker claimed that he was forced to bury several bodies, including those of women and minors, in Dharmasthala between 1995 and 2014.


SIT CHIEF TRANSFER 

Pronab Mohanty, SIT Chief heading the probe, met Home Minister G Parameshwara on Friday at the latter’s residence, amid speculation that he may be replaced after his name appeared on the list of Director General-rank officers being considered for positions in the Union government.


"He will not be immediately given any posting (at Centre). He had come to inform me about it. Also, as the government is bringing rules regarding fake news, online gambling -- Mohanty, being the Internal Security Division head, had come to brief me about certain things ahead of the meeting in this regard today," Parameshwara said.


The Minister noted that the decision to relieve Mohanty of his State duties for a Central government position rests with the Karnataka government, which would respond to any official request from the Centre. "No such communication has come from the Centre yet ".

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