STATEMENT OF JURISDICTION

It is humbly submitted that the petitioner has approached the Hon’ble Supreme court of
Sarvia under Art. 32 of the Constitution of Sarvia. The respondent submits to the same.

STATEMENT OF FACTS
Salerno is a state in the Union of Sarvia. The All Sarvian Party is the ruling party at the centre
while the Presidential Party is the major opposition. Two major media houses operated in
Salerno namely ANB News Ltd and Janavani News. ANB Group was run by the ANB
Industries Ltd. ANB Industries Ltd had majority stake in the ANB News Ltd. but had only 3
directors in the board of total 10 directors. Sh.Madhukar Vats, leader of ASP was the
promoter and largest shareholder of ANB Industries Ltd.

Sh. D. Kamal founded Janavani and also authored the 1 stelection manifesto of Presidential
Party in 1967. Though Mr. Kamal never held a position in the Party but he was considered
the guiding light. Janavani emerged as single largest Hindi newspaper in last 3 decades. In the
year 2000, a Hindi news channel named Janavani News was established by Mr. Ram Prasad
son of Mr. D. Kamal who holds the position of chief editor till today.

Janavani has been at the forefront of exposing corrupt practices in the Union of Sarvia by
ASP. In Oct.2011, Janavani published details of coal block allocation and lease renewal by
the Government in Dec.2010. The documents published by Janavani prima facie revealed that
coal block allocation was allowed not as per the auction method and that the minimum
qualification for coal block allocation was relaxed for certain companies which were
otherwise not eligible such as ANB Collieries Ltd, Natalie Collieries Ltd, Coal-ExploSarvia
Ltd.

ANB Collieries Ltd. was a publically held co. listed with NSE. ANB Industries Ltd. held a
majority stake in ANB Collieries Ltd and all the companies of ANB Group used to spend
70% of its total ad.budget to ANB news Ltd. After publication of allegations regarding
adoption of corrupt practices by ANB Collieries Ltd. in coal block allocation, a FIR was
lodged against MD of ANB Collieries Ltd. as well as Mr. Vats. Union of Sarvia appointed an
empowered ministerial committee to investigate into the scam. While the investigations were
pending and the ministerial committee was yet to submit its report, a series of articles as well
as news reports were broadcasted on Janavani&Janavani News respectively.

On 13-1-12, a charge sheet was filed by police against Mr. Vats as well as all the other
concerned sr. mgt. officials of various companies. On 17-1-12, Janavaninews broadcasted
interview of Coal Sec. (Retd) as well as CAG (Retd.) wherein they indicated that the coal
block
allocation scam could have caused loss of about 18000 Crores to the State Exchequer. Next
Morning, Janavani carried a front page article “ANB Group involved in largest scam in
history of Sarvia”. Within next 3 weeks shares of ANB Industries and ANB Collieries Ltd
dropped by 65% & 87%. Mr.Vats filed a complaint against Mr.Kamal for defamation. He
also filed WP No. 1328 of 2012 before the SC praying for license cancellation of
Janavani&Janavani News.

All the debenture holders of ANB Industries Ltd, headed by All Sarvia ANB Industries
Debenture Holders Association (Regd.) filed WP No. 2642 of 2012(Civil) before the SC in
which Petitioner prayed for direction to ANB Industries Ltd, Mr. Madhukar Vats and
Securities Exchange Board of Sarvia (SEBS) to ensure timely repayment to all the debenture
holders. On 11-3-12, SC issued notice to SEBS, Union of Sarvia and the other parties to file
an affidavit regarding proposal to secure the interest of all the debenture holders. ANB
Industries Ltd was directed to submit a ‘without prejudice’ proposal to SEBS within two
weeks.

As the WP No. 2642 of 2012 was sub-judice, Advocate for ANB sent the proposal to ensure
repayment of all the debenture holders to the Advocate for SEBS& Union of Sarvia vide an
EMail and also under sealed cover letter. Next morning, Janavanipublished news ‘Yet
another attempt by ANB to defraud Sarvia’. It contained all the details of security offered by
ANB.The Sr. counsel for ANB mentioned the matter before SC on 18-3-12 objecting to the
publication of ‘without prejudice-confidential’ proposal on sub-judice matter. Mr. Kamal
published that it was necessary in public interest to inform the debenture holders about the
nature of proposal made by ANB– and that publication of news article didn’t interfere with
administration of justice. Mr.Vats filed IA No. 3 of 2012 in WP No. 2642 of 2012 praying for
guideline formulation for print & electronic media while reporting sub judice matters.
ABN News reporters carried a sting recording the conversation of Dy. Editor of Janavani
News stating that it won’t be carry any story about coal scam from any co. ensuring 70% of
its total ad.revenue to Janavani&Janavani News. Mr.Vats called for a press conference and
released the sting video. An FIR was lodged &Mr.Kamalwas arrested. Then,Mr. Kamal filed
WP No.3141 of 2012 for license cancellation of ANB News for broadcast of the alleged
clipping pending investigation in the matter of alleged scam in coal block allegation and that
the Sting violated rt. to privacy. All the aforesaid matters were clubbed(with IA 3) to be heard
by the Hon’ble Chief Justice of SC of Sarviaas it involved significant questions of law and
public importance.

ISSUES PRESENTED

1. WHETHER THE WRIT PETITIONS FILED BY MR.MADHUKAR VATS ARE

MAINTAINABLE OR NOT?

2. WHETHER THE LICENSE OF JANAVANI AND JANAVANI NEWS IS LIABLE

TO BE CANCELLED UNDER THE APPROPRIATE LAW?

3. WHETHER THE HON’BLE SUPREME COURT OUGHT TO FORMULATE THE

NECESSARY GUIDELINES FOR REPORTING OF CASES PENDING BEFORE

COURTS OR REGARDING MATTERS WHICH ARE SUB-JUDICE?

4. WHETHER THE REVERSE STING OPERATION CARRIED OUT BY ABN

NEWS VIOLATES THE RIGHT OF PRIVACY AND AMOUNTS TO

INTERFERENCE IN THE ADMINISTRATION

 SUMMARY OF ARGUMENTS

1. WHETHER THE WRIT PETITIONS FILED BY MR.MADHUKAR VATS ARE

MAINTAINABLE
OR NOT?
It is humbly submitted that the writ petition is not maintainable as Janavani does not
come under the definition of State as per Art. 12. Since Janavani is a private party, it
is not amenable to the writ jurisdiction of the Hon’ble Supreme Court. Further, the
alternative remedies are sufficient and have not been exhausted. The respondent’s
comment is fair and proportionate and does not impede the administration of justice.
Thus, no right of the petitioner is violated and the writ petition is not maintainable.

2. WHETHER THE LICENSE OF JANAVANI AND JANAVANI NEWS IS LIABLE

TO BE
CANCELLED UNDER THE APPROPRIATE LAW?
It is humbly submitted that a license is required to do an act which would otherwise be
illegal. The respondent is exercising his freedom of speech and expression as
guaranteed by the Constitution. Since no license is required to exercise a right, no
question of cancellation arises. Further, the Press and Registration of Books Act,
empowers a magistrate to cancel a registration while the Cable TV Actdoes not
empower the Supreme Court to cancel a declaration. The court cannot take up the
 administrative function. By such cancellation, the respondent’s right to trade and
occupation would be violated. Also, cancellation doesn’t stand the proportionality
test.

3. WHETHER THE HON’BLE SUPREME COURT OUGHT TO FORMULATE THE

NECESSARY GUIDELINES FOR REPORTING OF CASES PENDING BEFORE

COURTS OR REGARDING

MATTERS WHICH ARE SUB-JUDICE?

It is humbly submitted that this Hon'ble SC ought not to formulate any guidelines for
reporting of cases pending before the courts or regarding matters which are sub-
judice. The same shall be detrimental in the interest of justice on three aspects, firstly
it tends to encroach upon the right of freedom of speech and expression. Secondly,
itis not required as pre-existing mechanisms are sufficient to check abuse of power by
media. Lastly, selfregulation mechanisms within the institution of media can perform
the role of regulation.

4. WHETHER THE REVERSE STING OPERATION CARRIED OUT BY ABN

NEWS VIOLATES THE RIGHT OF PRIVACY AND AMOUNTS TO

INTERFERENCE IN THE ADMINISTRATION OF JUSTICE?

It is humbly put forth that the sting operation conducted by journalist of ABN News

Group amounts to infringement of the right to privacy and further amounts to

interference in the administration of justice. The sting operation is not done as per the

procedure established by law. The same has also led to a hostile atmosphere for the

accused whilst the investigation is pending thereby perverting the administration of

justice