http://www.asiamedia.ucla.edu/article-southasia.asp?parentid=75293

INDIA: Can't gag media in a democracy, says HC
Times of India's report on the Ambedkar Sports Complex contemptuous,
but newspapers can't be gagged, says court

Times of India
Saturday, August 4, 2007

Lucknow --- In the hearing related to Ambedkar Sports Complex,
additional advocate general JN Mathur said that certain news items
published on Friday in an English daily (TOI) regarding the stadium
facilities were highly contemptuous.

On this, the bench said that the government "could take appropriate
action in law if it thinks so but the throat of media cannot be gagged
in democracy". The bench said that the court was not influenced at all
by media reports, though it takes cognizance of a few news items if
they click to it, subject to further proceedings on affidavits.

Designated senior advocate Prashant Chandra, arguing for the
petitioner Om Prakash and others, said that despite assurances given
in the court for bringing normalcy in the stadium and sports
activities, the government had its reservations and hiccups to comply
with the courts order in letter and spirit.

Meanwhile, the state government filed status reports in the court
saying that all sports facilities had been restored in the stadium.

Looking at the controverted submissions, the bench directed the
government to file further status reports in the court on August 27
with details of facilities infrastructure and activities existing in
June and their current position.

The court has also sought details of facilities provided to coachs,
players and other sports persons provided in KD Singh Babu Stadium
after the state government decided to shift them to there from
Ambedkar Sports Complex in Gomtinagar.

Expressing regard to the alleged terrorist threat perception to the
stadium by the state government as stated earlier by UP advocate
general, Jyotindra Mishra, the bench called upon the government that
if they allowed hostel inmates to relive in the complex, the threat
perception would automatically die-down in the hustle-bustle
activities of the inmates.

Advocate general Jyotindra Mishra and chief standing counsel Devendra
Upadhayaya were also present in the court, while additional advocate
general JN Mathur argued for the state government.

Date Posted: 8/4/2007

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