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9. In fact, we are venturing to dispose of the writ petition, when it came up for admission itself, since we had the advantage of hearing the learned Special Government Pleader, who was ready with the judgements rendered by the Apex Court also on the point, setting a precedent. In so far as the issue raised by the petitioner is concerned, the seminal question that emerges for consideration is whether as is sought for by the petitioner, any guidelines can be framed by this Court in order to regulate and control the activities of the press or rather the print and electronic media. It is unequivocal, and trite that under the Indian Constitution, media is not having any specific fundamental right for their freedom of speech and expression unlike the first amendment to the American Constitution where the press has absolute freedom of speech and expression. The press in India is enjoying the freedom of speech and expression in terms of the fundamental right guaranteed under Article 19(1)(a) of the Constitution of India to the citizens of the country. Article 19(1)(a) specifies that all citizens shall have the right to freedom of speech and expression, along with other valuable rights conferred thereunder. But, fact remains, clause (2) of Article 19 delineates clear restrictions while exercising the freedom guaranteed under Article 19(1)(a) of the Constitution of India, which stipulates that 'nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.'

10. On a reading of the above specified clause, it is clear that the freedom of speech and expression guaranteed is almost absolute but for the power enjoyed by the State from making any law so as to have reasonable restrictions in respect of the matters specified thereunder. Apparently, by virtue of the powers conferred under Article 19(2) of the Constitution of India, the laws are made by the State in order to protect the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. It is true, the freedom of speech and expression guaranteed under the Constitution of India is entitled to be enjoyed by all the citizens which includes, the journalists and the personnel attached to the media houses. The issue with the freedom of the press vis-a-vis the right guaranteed under Article 19(1)(a) of the Constitution of India was a subject matter for consideration of the constitutional courts under different context right from the year 1950 and a plethora of judgements of the Apex Court as well as High Courts are available in the law journals and reports.

10.But it has to be remembered that this freedom of press is not absolute, unlimited and unfettered at all times and in all circumstances as giving an unrestricted freedom of speech and expression would amount to an uncontrolled licence. If it were wholly free even from reasonable restraints it would lead to disorder and anarchy. The freedom is not to be misunderstood as to be a press free to disregard its duty to be responsible. In fact, the element of responsibility must be present in the conscience of the journalists. In an organised society, the rights of the press have to be recognised with its duties and responsibilities towards the society. Public order, decency, morality and such other things must be safeguarded. The protective cover of press freedom must not be thrown open for wrong doings. If a newspaper publishes what is improper, mischievously false or illegal and abuses its liberty it must be punished by court of law. The editor of a newspaper or a journal has a greater responsibility to guard against untruthful news and publications for the simple reason that his utterances have a far greater circulation and impact than the utterances of an individual and by reason of their appearing in print, they are likely to be believed by the ignorant. That being so, certain restrictions are essential even for preservation of the freedom of the press itself. To quote from the report of Mons Lopez to the Economic and Social Council of the United Nations "If it is true that human progress is impossible without freedom, then it is no less true that ordinary human progress is impossible without a measure of regulation and discipline". It is the duty of a true and responsible journalist to strive to inform the people with accurate and impartial presentation of news and their views after dispassionate evaluation of the facts and information received by them and to be published as a news item. The presentation of the news should be truthful, objective and comprehensive without any false and distorted expression.

21. Taking into account the intention of the constituent assembly by incorporating Articles 19(1)(a) and 21 to the Constitution of India, it is clear that both will have to be enjoyed by the citizens among themselves without interfering inter se with the rights guaranteed in the said provisions.

22.That said , now the further question crops up for consideration is whether any guidelines can be framed by this Court as is sought for by the petitioner. As we have discussed above, the laws made under clause (2) of Article 19 makes reasonable restrictions in respect of the freedom enjoyed by the press also under Article 19(1)(a) of the Constitution and according to us, the restrictions contained under clause (2) of Article 19 itself is a guideline, and it is imperative that even the press while making the publication should be concerned with the public order, decency or morality because the restriction is imposed under clause (2) of Article 19 of the Constitution of India on the basis of the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India. Which thus means equivalent to freedom, a corresponding duty and obligation is cast upon the press to ensure restraints so as not to violate the valuable and cherished rights and freedom , and privacy both public and private of the citizens.