Why do Karnataka's Legislators not understand the concept of ‘freedom’?
- Editors Ravi Belagere and Anil Raju has been sentenced to a year's imprisonment, along for publishing defamatory articles against Legislators.
- Speaker KB Koliwad took the decision following the recommendation made by the House Privileges Committee, bypassing the courts.
- The real issue is the use of ‘parliamentary privileges’ and a complete overlooking of Freedom of Speech and the Press
FollowOn Wikipedia, if you were to search, you would come across statistics quoting how ‘free’ the press in India are. Cut to Karnataka under the Congress government and the scene is quite opposite. Editor Ravi Belagere has been sentenced to a year's imprisonment, along with another tabloid journalist Anil Raju, for allegedly publishing defamatory articles against legislators. They have also been slapped with a fine of Rs 10,000 each. Ravi Belegere is the editor of 'Hi Bangalore' and Raju edits 'Yelahanka Voice' paper.
Speaker KB Koliwad took the decision following the recommendation made by the House Privileges Committee that the defamatory articles published against legislators BM Nagaraj (Congress) and SR Vishwanath (BJP) had caused damage to their reputation.
In reply, the Editors Guild of India slammed the Karnataka assembly’s decision and urged it to “withdraw its pernicious resolution”.
“The Guild opines that the decision violates the fundamental right of freedom of speech guaranteed under the Indian Constitution and the freedom of the press,” it said in a statement.
“The Editors Guild of India is of the firm view that journalists must have the freedom to write critical articles against all such elected representatives of the country and hold them accountable without fear or favour.
Apart from the sentence itself, the real issue is the use of ‘parliamentary privileges’ of elected representatives. This law allows legislators to become judges and sentence journalists to imprisonment has to go.
Just take a look at this case where the petitioner was Pandit MSM Sharma and the respondent Sri Krishna Sinha and others . The case being discussed involved : State Legislature, Privilege of-Power to Prohibit Publication of proceedings including portions expunged by the Speaker--Publication, if a breach of privilege- can prevail over the fundamental right to freedom of speech and expression--Freedom of the Press Scope and extent- Constitution of India, Arts. 194(3), 19(1) (a). Here’s the judgement from a previous tussle between the press (Sharma) and the Legislature. This happened to be in Bihar and the date of judgement – 1958.
It follows from my view, namely, that the petitioner’s fundamental right under Art. 19(1) is preserved despite the provisions of Art. 194(3) of the Constitution, that the petitioner is entitled to succeed.
Yes, it is that old a law that the Karnataka speaker is invoking through this motion. Interestingly, Chief Minister Siddaramaiah is against the arrest, while Speaker Koliwad wants the man behind bars.
Also read: Two scribes including Ravi Belegere of 'Hi Bangalore' sentenced to jail by Speaker
Speaker Koliwad has been known to be at loggerheads with the media. In fact, in March 2017, there were reports of how a House Committee of the Legislative Assembly was set up to frame rules and regulations for the news media. Koliwad had insisted on drawing up a 'lakshmanrekha' to prevent media from telecasting, publishing news arbitrarily. While at that time even the opposition joined in, with time, even they backed out.
It brings to mind then days of 1975 when the Indira Gandhi government imposed censorship of press during The Emergency. It was removed at the end of emergency rule in March 1977. Incidentally, the Congress was behind muzzling freedom of press then and now as well.
The contents of what Ravi Belagere and Anil Raju’s articles may be ‘volatile’ but does that mean the ‘press’ whom the duo essentially represent need to have their wings clipped at every turn.
Every time a minister feels incensed, he can demand their arrest and more surprisingly, there is a House full of legislators siding with the motion. This is despite the fact that it is this very media that they all turn to when it comes to wanting to advocate their good deeds and tom-tom their triumphs.
Internet shutdowns, sedition cases, gag orders, press censorships this has become the choice weapon to silence the press. You have cases of channels being shut down (Sakshi Post) temporarily, offices being stoned, journalists being murdered and attacked by goons, internet being shut down and more. Then you have leaders at their convenience blaming hard work as 'paid journalism' and belittling a journalist's work.
Also read: To arrest or not to arrest? Police in limbo over scribes as netas argue
We began with statistics, we end with another report: In February, Reporters Without Borders ranked India as one of the most restrictive countries in the world for press freedom. Every time a member of the press is muzzled, forced to apologise for saying something, stating facts, or uncovering scams, you can see how the public representatives will slowly cease to be accountable to the public and how ‘We, the people, we the voters’ will be voting for a sham of a democracy. It is high time, archaic laws should be changed and press freedom be upheld.
