AP High Court order, a slap on State Govt face
posted on Sep 12, 2020 @ 3:28PM
Perhaps the most concerning development in the recent past in Andhra Pradesh is that the freedom of the Press has come under unusual pressure. Although major media houses remain strong and continue to bring the facts to light, the ruling YSR Congress Party's continual vilification of the Press has seriously exacerbated an ongoing erosion of public confidence in the mainstream media.
The Indian Constitution provides robust protection against the move to muzzle the voice of the media but the measures being adopted by the ruling YSRCP in Andhra Pradesh against the freedom of the Press have had a tangible impact on the landscape of the media. Despite these challenges, journalists have been fighting for the freedom to air their views without any fear of being persecuted as they strongly believe that the judiciary will certainly come to their rescue if their voices are chocked.
The death of the freedom of Press is certainly a blow to the essence of a free-thinking. A free Press exists under Governments that are healthy, strong and confident enough for the people, leaders and bureaucrats to accept the independent media with the guts to criticise as well as support the system in which they exist.
If truth is the first casualty, newsrooms are piled high with the wounded. The Teluguone.com is a classic example as to how the voice of the media is being gagged. Launched in the year 2000 with Hyderabad as its headquarters in the combined Andhra Pradesh, the website has successfully won the hearts of lakhs and crores of readers across the globe, solely because of the credibility of the videos and the stories being uploaded. But, this media house has recently undergone a traumatic experience with the Andhra Pradesh Government trying to choke its voice and filing a case against its Managing Director, Mr K Ravi Shankar.
What has come as a great relief is the Andhra Pradesh High Court's verdict delivered on September 11 which is a blow on the face of the ruling dispensation. Disposing of the petition filed against the Teluguone Managing Director, the High Court observed that harassing anyone without any concrete evidence amounts to brutality and the CID officials with their behaviour are sending a message to the people that they are living in kakistocracy and not in a democracy.
The court found fault with the CID for filing a case against the MD under Section 188, 505(2) and 506 of Indian Penal Code (IPC) and under Section 54 of the Disaster Management Act, in the name of airing a story against the ruling party in Andhra Pradesh and the Chief Minister. Not only this, but also the police personnel came all the way from Andhra Pradesh to Hyderabad, the capital city of Telangana where the headquarters of the website is located, and seized certain electronic goods.
The MD then knocked the doors of the Andhra Pradesh High Court with an appeal to quash the cases and the court promptly came to his rescue. The observations made by the High Court while delivering the judgment are certainly a slap on the face of the ruling party leaders. By filing a case against the MD under the circumstances mentioned by the CID, it clearly shows that the CID personnel do not have any evidence and harassing the people in the name of investigation clearly lead to autocracy. The tendency of the CID officials certainly arises doubts among the people whether they are living in a democracy or in a kakistocracy. Unless such steps taken by the CID are checked, the people will lose faith in the democracy, the court observed.
It is a fact that the prevailing situation in Andhra Pradesh is such that the people of the State are now being directed on what they should eat and what should be their attire. Any voice raised against such attitude of the Government, is muzzled by the ruling party. The cases filed by the CID against the Managing Director of the Teluguone is a classic example of this.
No doubt, the unfettered dissemination of information and ideas is being opposed, in one form or the other, by powerful sections of society in Andhra Pradesh, mainly because ideas have a tendency to challenge the powerful. At this crucial juncture it is the judiciary that is coming to the rescue of persons who are airing such ideas.
The stay granted on the FIRs in the Devgan and OpIndia cases, in the cases filed against senior journalist Vinod Dua by the Himachal Pradesh police, the criminal cases filed against Arnab Goswami of the Republic TV and the latest judgment of the Andhra Pradesh High Court in the Teluguone MD case stand aloft as to how the judiciary is standing by the voices aired freely by the journalist community.
The freedom of the Press will rest safe as long as journalists can speak without being chilled by a threat of reprisal. Subjecting journalists to harassment and forcing them face with various FIRs will certainly have a stifling effect on the exercise of freedom of the Press.
This will effectively destroy the freedom of the citizen to know the affairs of governance in any State or in the country and the right of the journalist to ensure an inform society. Free citizens cannot exist when the news media is chained to adhere to one position. The intervention of the judiciary at this crucial juncture is necessary to protect the rights of the media and the journalist community. Journalists should get a fair treatment (guaranteed under Article 14) and should get liberty to conduct an independent portrayal of views.
The Late Ramnath Goenka, the founder of the Indian Express Group, will be remembered for ages as a man who donned many hats in his lifetime, as an iconoclast and a man who had the courage to stand up for the truth. The relentless fight for years he put up for the freedom of the Press when the Indira Gandhi-led Congress government imposed emergency in the year 1975, will be recalled by all true journalists, for ages.
He once said, “I had two options: to listen to the dictates of my heart or to the powers-that-be. I finally chose to listen to my heart.” This is really the finest example for any journalist.
The fundamental right to seek and disseminate information through an independent Press is now under attack in Andhra Pradesh. Explicit attempts are being made to gag critical media voices and strengthen outlets that serve favorable coverage. The erosion of Press freedom is both a symptom of and a contributor to the breakdown of democratic institutions and principles, a fact that makes it especially alarming.
Press freedom has been deteriorating with new forms of repression. Experience has, however, shown that the freedom can rebound from even lengthy stints of repression when given the opportunity. The basic desire for democratic liberties, including access to honest and fact-based journalism, can never be extinguished, and it is never too late to renew the demand that these rights be granted in full.
The breakdown of Press freedom is closely related to the broader decline of democracy and repression of free media is a strong indication that other political rights and civil liberties are in danger. Assaults on media independence are frequently associated with power grabs by new or incumbent leaders with attempts to crush perceived threats to their control.
Established autocratic Governments continue to tighten the screws on dissenting voices, as any breach in their media dominance threatens to expose official wrongdoing or debunk official narratives.
However, the picture is not entirely bleak. As long as an honest judiciary listens to the voices of the journalists, they continue to air their views freely and fairly.
The Press does not and will not exit at the behest of Governments and leaders who clamp down on free speech and freedom of association to hide their inadequacies. A free media is thus critical in keeping citizens informed about integral issues, be they political, social or economic. Journalists will continue their fight and stay true to their cause. Whichever government might be in power, they will will also fight against voices being muzzled.