Mere apprehension on transmission of virus cannot lead to violate the right to information

KRISHA KAMAL | PRESIDENCY UNIVERSITY, BANGALORE | 20th April 2020

T. GANESH KUMAR V. UNION OF INDIA & ORS.

Facts:

This Writ Petition has been filed challenging the exemption given by the Central Government to the Print Media and Electronic Media by virtue of Notification No. 40-3/2020 dated 24^th March 2020. According to the petitioner the Corona Virus is capable of through paper surface which can survive about 4 days. If the Newspapers are published and it is supplied to the readers, there is a possibility of spreading virus, even if the paper delivery boy is infected with the Corona Virus. Therefore, the exemption given to the Print Media is being challenged. 

The learned Additional Advocate General submitted before the court that the research in this area is very limited. If the virus could be transmitted through newspaper then there is an equal possibility of the same to be transferred through the exchange of currency notes.

The counsel also submitted  research study named “Persistence of coronaviruses on inanimate surfaces and their inactivation with biocide agents” conducted by Mr.G.Kampf, University Medicine Greifswald, Institute for Hygiene and Environmental Medicine, Ferdinand Sauerbruch-Strabe, 17475 Greifswald, published in Journal of Hospital Infection. 

The learned counsel has also represented a report upon the study named “Aerosol and Surface Stability of SARS-CoV-2 as Compared with SARS-CoV-1” published in The New England Journal of Medicine on March 17^th, 2020 in which it has been specifically stated that Corona virus would persist up to 4 to 5 days and 24 days in paper and cardboard medium respectively.

Based on the above said research studies, he would submit that if the Print Media publishes various Newspapers and if they are supplied to the readers, there is a possibility of spreading of virus through the Newspapers.

It was also submitted before the court that the print media is an essential source of information for the people. Restraining them from doing their job would amount to the fundamental right to information.

Judgement:

The court observed that, mere apprehension or least probability cannot be a ground for prohibition of publication of newspaper. It is violative of fundamental right granted under Article 19(1)(a) of the Indian Constitution to the publishers and readers. 

The court quoted Gandhiji’s statement for the newspaper,

“Newspapers have become more important to the average man than scriptures.”

The court also observed that right to information is a fundamental right and restricting print media from publishing is apparently violative of fundamental rights of the citizens. And the petition was dismissed.