New Delhi: Voicing against the idea of temporary restraint on the reporting of court’s proceedings, the Editors Guild of India on Thursday said that the move would lead to the infringement of right to free of speech.

Senior advocate Rajiv Dhavan, the Guild's counsel while presenting his case, told a five-member Constitution Bench headed by Chief Justice S H Kapadia, “There is no power of postponement (of reporting of court proceedings) in the common law.”

The bench wanted to know from the Guild as to how it would be unconstitutional if there would be a postponement of publication for a particular period of time to protect the fundamental rights of an accused vis-a-vis Article 21 (Right to Life and Liberty) and Article 19 (Freedom of Speech and Expression).

Stressing on the importance of the right to speech, Dhawan said, “Article 21 (Right to Life and Liberty), Article 19 (Freedom of Speech and Expression) and Article 14 (Right to Equality) are very important articles of our Constitution. Out of these three Articles, Article 19 (Freedom of Speech and Expression) is the most important one which is the base of the democratic set up in the country.”

Dhawan even objected to temporary restraint on reporting of the court proceedings and said, “Directives for the court reporting cannot be issued.”

(JPN/ Bureau)