In the Delhi Protest matter, the Supreme Court yesterday orally observed that journalists can be divided into certain classes, some of whom may require an additional level of protection. The Court however said that it was not presiding on the issue as to 'who is a journalist'.

"We are not presiding that. That would require a very very detailed examination of whether freedom of expression will empower every citizen of this country to be a journalist? That becomes difficult. There will be layers of protection - whether they are accredited journalists, whether they are employed with media houses who are registered under Press Council, whether they are individual freelance journalists, whether they are influencers, etc...well aware that [there are] classes amongst journalists, we'd have to examine", Justice Joymalya Bagchi said.

The petitioner-side urged that that is a larger issue, submissions on which can be made at an appropriate stage. CJI Surya Kant then commented, "We will also keep in mind that if everybody will start claiming [they are] journalists, it will lead to creating problems".

A bench of CJI Kant and Justice Bagchi was dealing with petitions seeking reliefs for journalists who were allegedly manhandled during the protests and whose devices were allegedly seized by the authorities. The pleas particularly claimed sexual harassment of women journalists, saying they were not only obstructed in performing their duties but also molested by male police officers.

One of the petitions, argued by Senior Advocate Indira Jaising, sought protection for all women journalists from any coercive action over the protest-coverage. It alleged that while no FIR had been registered on a woman journalist's allegation of molestation by a cop, a counter-FIR under SC/ST Act had been registered against the journalist to pre-empt her case.

SG Tushar Mehta opposed the prayer for blanket protection of women journalists. He claimed that in today's times, everyone with a mic claims to be a journalist and it is difficult to distinguish journalists from reel-makers.

"The difficulty we are facing - in the present era of digital technology, any person having a mobile is a journalist in his own right. It is our experience...our experience is that there are several people who say we are freelance journalists. They have a mic and they record things and they upload...these are all, what is going on is reel-making. That happens even on protest site. We do not know who is a reel maker, who is an independent journalist, but no lady should be inappropriately dealt with, including lady police personnel." the SG argued.

Ultimately, the CJI asked the authorities to complete their enquiry into the woman journalist's allegations expeditiously, as the allegations are "very serious". SG said it would be completed and affidavit will be filed in one week. "Whatever consequences in law, they must follow", CJI said.

Notably, the senior counsel for petitioners opposed an investigation into the alleged incidents by the local police. "They can't investigate themselves", the senior counsel argued.

Prima facie agreeing with their suggestion to constitute a Committee comprising mostly women, the Court directed that in the meantime, no coercive action be taken against the woman journalist who alleged molestation by a cop.