The writer is a syndicated columnist and a former member of India’s Rajya Sabha
Once politics comes in, there is no way to limit or eliminate it. Justice Markandey Katju, the chairman of the Indian press council, has crossed swords with the Bharatiya Janata Party (BJP), whose opposition leader, Sushma Swaraj, gave the approval as per rules for the constitution of the press council. The new controversy is over Gujarat Chief Minister Narendra Modi. In an article, Justice Katju has criticised Modi for the 2002 minority riots and has asked the country not to make the mistake which the Nazis did in 1933. In fact, the gauntlet thrown by Justice Katju has been picked up by the opposition leader in the Rajya Sabha, Arun Jaitley. He has said that “Justice Katju’s political bias is clear from the fact that on the burning of the Sabarmati Express in Godhra, he says there is still a mystery of what happened in Godhra. Is he trying to hold a brief for those convicted of setting the train on fire?” The Council, Justice Katju or Arun Jaitley cannot sort out this problem because it does not lie in the domain of the press.
In the dust that the controversy has raised, the Council’s working has come to be doubted and the importance of the chairman has got exaggerated. The adverse fallout is on the press, which the Council is supposed to serve by way of settling disputes among newspapers or their grievances against the state and central governments. The common man is also at a loose end because his complaint against a particular newspaper is either delayed or not taken up by the Council which is embroiled in politics.
The esteem which the government accords to the press council can be deduced from the fact that the Lok Sabha speaker himself nominated members of the first press council. It was laid down in the law that the Council would uphold the freedom of the press. The peers, journalists, would judge the peers’ violation of ethics.
It was made clear at the time of the legislation that the Council was not another law court. Yet, it would serve as a forum where the erring newspapers would be criticised, censured or sanctioned. The Council is a moral authority and, therefore, it has no teeth. To demand teeth, as chairman Justice Katju has done, is to negate the very purpose for which the Council was established.
One wishes that the chairman would stay within the limits of what the law lays down. No doubt, Justice Katju is an able person who once occupied the position of a Supreme Court judge with distinction. He has not, however, appreciated the inhibitions which he, as the Council’s chairman, has to face. Even his maiden speech at the Council showed contempt for journalists who, he said, were 90 per cent illiterate.
In fact, the office has never been politicised since independence, barring one occasion. That was during the emergency (1975-77) when Justice N Rajagopala Iyengar was the press council chairman. He became part of the censorship set-up, which the press council was expected to oppose, to uphold the freedom of the press. Justice Katju’s is a quasi-judicial position. He cannot afford to join issue with Jaitley and ask for his resignation because this is not his job. Nor can he can demand the resignation of an editor.
That Justice Katju is indiscreet is too mild a statement. At a seminar, he once said that to resolve the question of Kashmir, India and Pakistan would have to unite. Nobody took him seriously. Otherwise, his remark could have caused a lot of diplomatic embarrassment to New Delhi. Justice Katju would be well-advised to know the limits of his office and stay within its confines.
Published in The Express Tribune, February 28th, 2013.
COMMENTS (6)
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@Author:
"the press council was expected to oppose, to uphold the freedom of the press.
"he says there is still a mystery of what happened in Godhra."
Well, well, well. What a logic. The purpose of the Press Council is to uphold the freedom of press, but its president has no freedom to speak truth, particularly if it exposes Hindus wrong doings. Any way, why don't you read this Tehelka's investigative report, "Godhra: A Diabolic Lie", which fully exposes the lies spread about the Godhra incident with video proofs of the admissions of the key eye-witness that they were instructed by VHP and coerced by police to wrongly testify against the accused Muslims while they in fact were not even present at the scene (they were sleeping in their homes miles away at that time). Moreover, another Indian Supreme Court judge, Justice Banerjee Commission, also declared the Godhra train fire "An Accident", after a lengthy inquiry and listening to the testimonies of over 80 witnesses including the passengers traveling in the same coach allegedly burned by the Muslim protesters.
@Yuri Kondratyuk: I think for some strange reason by earlier response was not allowed. We are usually on the same page, so I am trying again. @ET - this is in response to a comment directed to me. Pls allow. I am very sure that Justice Katju sports a strong personal bias against NM/ in favor of the Congress govt, which indicates his political orientation; this bias is also represented in his twisted view of the Godhra/ post-Godhra events, as well as his reading of other champions of secularism like Aurangzeb and Tipu Sultan. However, although it cannot be ruled out, I don't think that there is any material out there to prove that he is dancing to someone else's tune.
One wishes justice katju does use power of his orafice, specially lower one, with some constrain (no too much constrain to cause hemorrhoids!)
@BlackJack:
The fact that Justice Katju holds Modi directly responsible for post-Godhra riots but, claims the burning of the Sabarmati Express in Godhra to be mysterious contradicts your statement.
Mr. Katju is an honest, intelligent and well read man. But, his pompous, arrogant and inappropriate conduct tars his good qualities.
As a judge, He once released a rapist serving 10yr prison convicted of rape in lower court, by reducing the sentence to a fine of Rs. 1.5Lakhs and the jail time already served (3yrs). His justification was that 'law allowed him to do so' and the victim too wanted compensation! This is where his inappropriate excess comes in - what if victim wanted the rapist punished by death? Would the good judge granted it?
And just because 'law allows' one to do something it doesn't have to be appropriate. What he is doing now, as PCI chairman is also inappropriate.
To say that Justice Katju is operating on someone's agenda is probably incorrect - he is just a loose cannon with little respect for the common man (90 per cent of whom are apparently stupid); he thinks that his unorthodox style of delivery and in-your face manner will endear him to the discerning public, and cannot imagine that they are able to see through him and his misuse of the PCI platform to air his pet peeves that he develops and promotes on the Govt's time and expense - like discrediting the entire judicial process over the last 10 years after the Gujarat riots, targeting elected Chief Ministers, and promoting Urdu and assessing the quality of politicians based on the amount of time they are willing to spend in listening to Urdu poetry.