Nilesh Navalakha vs Union Of India Thru The Secretary/ Joint ... on 18 January, 2021
In this context
reference is made to the decision of the Supreme Court in
Nakkheeragopal vs. State, reported in 2001(4) CTC 423 to contend that
while discussing the prohibition on exit polls during the 48 hours period
prescribed under section 126 of Representation of Peoples Act, the
Supreme Court in paragraph 25 has laid down that (i) the right to access
the source of information is required to be read into the freedom of press
protected under Article 19(1)(a) of the Constitution, namely the freedom
of speech and expression; (ii) no restrictions could be made to interfere
with the freedom of press, unless 'law' specifically empowers the State or
its officials to impose any restraint, either prior or post; (iii) even if any
norms or guidelines were to be enacted by the State, following due
process of law, either on their own or on the suggestions of commission
appointed for the said object, the same would be valid, only subject to
the satisfaction of Article 19(2) of the Constitution; (iv) any restriction,
even imposed by a law, under Article 19(2) of the Constitution, the same
should not only be in the interest of public, but should also satisfy the
test of reasonableness; (v) the freedom of press is subject to the conduct
of public officials in discharge of their official duties.