- (1.) The applicant/ petitioner who claims herself a Journalist, preferred a writ petition in the nature of Public Interest Litigation (PIL) (W.P. No. 2685 (MB) of 2012) before this Court seeking a writ of mandamus directing the respondents viz Union of India through Principal Secretary, Prime Minister's Office, New Delhi to conduct an enquiry (preferably an enquiry by an Independent Judicial Commission) with respect to the news article dated 4.4.2012, published in "The Indian Express" newspaper (Annexure No. 1 to the Writ Petition) and another news item published in "The Sunday Guardian" newspaper (Annexure No. 5 to the Writ Petition) and take legal action against such persons as per the provisions of law. A Division Bench of this Court dismissed the writ petition vide order dated 10.4.2012 with the direction to the Secretary, Home Affairs, the Secretary, Information & Broadcasting, Government of India and the Principal Secretary, (Home), Government of U.P. to ensure that there is no reporting/release of any news item by the Print as well as Electronics Media relating to subject matter, namely, the movement of troops as contained in the accompanying annexures enclosed therein. It would be useful to reproduce the final order dated 10.4.2012, which reads as under: Hon'ble Uma Nath Singh,J. Hon'ble Virendra Kumar Dixit,J. Order (Oral)
(2.) We have heard petitioner in person and learned Assistant Solicitor General of India, Sri I.H. Farooqi, for Union of India.
(3.) The issue of movement of Army troops is not a matter of the kind which should require public discussion at the cost of defence official secrecy and the security of country. Petitioner, a social activist and freelance journalist, in her submissions expressed her grave concern over the media reportings on this subject which, if permitted to continue, may seriously interfere with the handling of security matters by Army, particularly the movements of troops from the strategic point of view in the field as well as peace areas. Thus, without interfering with the independence of media and keeping in view the fact that the news items relating to movements of troops have already engaged the attention at the highest level in the defence as well as in the Government, we think it appropriate to direct the Secretary, Home Affairs, and the Secretary, Information & Broadcasting, Government of India and the Principal Secretary (Home), Government of U.P., to ensure that there is no reporting/release of any news item by the Print as well as Electronic Media relating to the subject matter, namely, the movement of troops as contained in the accompanying annexures..;