Media Newsletter
GujaratGlobal
Issue 14
June 5, 2008
Greetings!

This Newsletter from the GujaratGlobal  brings to you the latest happening in the media particularly in Gujarat, whats hot and whats not , who's in and who's out , you want it and you get it here !This newsletter is about people who craft voice and image of others. It is about the real newsmakers.
 
 

Editor.....debateTIMES

Media is agog with what can be called Times of India controversy. It has raised the issue of Freedom of the Press and several other legal issues like what does sedition actually means. This issue of the media newsletter is examining the controversy and other issues that have come up in its wake. Lets see what has happened. 
TOI Ahmedabad ran a campaign against the newly appointed Commissioner of Police, Ahmedabad, O P Mathur. It went to the extent of writing in black and white that 14 years back Mathur and the entire police force in Ahmedabad was on the pay roll of underworld don Latif. TOI based the series on the statement an accused gave to the CBI in 1993. 
This has resulted into Mathur slapping three cases on the local editor of the TOI Bharat Desai and Special Correspondent Prashant Dayal on the charges of criminal conspiracy and sedition. TOI and Congress and several social activists claim it to be an attack on the Freedom of Press. TOI has got Anticipatory bail for its local editor and the correspondent. 
We have the views of former Joint Commissioner of Police of Ahmedabad, B J Gadhvi about the campaign. Gadhvi who is retired now was JCP twice and is a witness to the time of the underworld don Latif. 
Bharat Lakhtariya, a very popular name in crime reporting in Gujarat has a studied article on Freedom of Press in India. Lakhtariya, himself Master of Law (LLM), has authored books on law and crime reporting and is a visiting faculty to Journalism institutions and police acdemy. 
Friends, the way the issue has come up calls for intense debate in Media about the role of the media and where media should draw lines. This also exposes our ignorance of Law. Even the basic laws relating to media and reporting appears to have been ignored to the extent of contempt for the law of the land.  
No doubt that some believe that Ignorance is the Bliss, but ignorance of knowledge of Law is not accepted as an Excuse. And when it comes to media, the all powerful and knowledgable fourth pillar of the democracy, it is expected to be more responsible. 
Let me clarify one thing. The issue here is not TOI. It is the media and its role.

And don't forget to have a look at India's unique state centric website www.gujaratglobal.com and my blog www.zerocolumn.blogspot.com

Have A Happy Reading. 


With love Yogesh Sharma

Gujarat Global

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TOI campaign against Mathur on statement without evidential value
 
 
( The writer B J Gadhvi is former Joint Commissioner of Police (Crime) Ahmedabad He was on this post twice between 1994 and 1996 , the time when Latif issue was very hot. He was with Indian Army as Captain when he quit the job to join IPS. He is now retired)


The newly appointed Police Commissioner .of Ahmedabad city, OP Mathur, IPS is under scanner by the Ahmedabad edition of the national paper Times of India. The paper has expressed its explicit concern and has raised serious doubts about safety of people of Ahmedabad in the hands of  Mathur as  CP.
The causes for the concern as shown by the TOI are alleged connections of Mathur with the then underworld don Latif of Ahmedabad city. Mathur was Addl. CP in Ahmedabad before Dec. 1992, the period of which mention is being made in the news. The TOI is a national news paper with international credibility and when it comes out so vehemently against an individual officer like this, makes one wonder about the whole issue. I, having some knowledge of the law, the police functioning and the issue in question would like to give my own perceptions about it. 
               Mathur is a 1975 batch IPS officer allotted to Gujarat. He has varied experience in policing and surely a knowledgeable officer. He was posted in Ahmedabad city as Additional CP before Dec. 1992. That was the period when communal tension in the city and elsewhere was very high due to various reasons. The pressure on the police officials was also very high and responsibilities were assigned to different officers with specific tasks given to them.
While working in such a tense situation, it is obvious that there will be people against the actions of the officers to safeguard their interests. Here it appears that the statement given by one of the accused Kurdush may be of such nature. However, one thing is clear that the TOI has solely relied upon the statement of only one accused which has absolutely no evidential value. Moreover, the statement recorded by the CBI also remains a statement before police which is not admissible as evidence unless corroborated with other independent evidence.
For all purpose it remains a statement recorded under section 162 of the Cr. PC. Besides, it appears that CBI too perhaps hasn't found any more evidence against Mathur otherwise it would have taken further legal actions on him. The court concerned has also perhaps not taken any action. At least some Departmental action would have been contemplated against  Mathur had there been anything worth supporting the statement of the accused. 
This issue could have also been raised in 1993 when the accused gave his statement but for the past 15 yrs. nothing seems to have been done on any front either by the authorities or by the press. Seeking public opinion on Mathur through the SMS also leaves bitter taste unnecessarily and could have been avoided. 
 

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TOI campaign against police: logic of illogic
-Yogesh Sharma


The controversy over the reports of Times of India against Ahmedabad Police Commissioner O P Mathur has thrown up many issues relating to the basics of journalism. I am not going into the legal merit of the case. Let the Court decide it. The issue here is purely from the point of view of media without any bias against TOI or its reporter. 
The idea is basically to discuss the need for observing certain basic rules while reporting, whether matter is casual or as sensitive as the TOI issue. 
In this case TOI has written half a dozen articles against Mathur. Some of these articles have also made sweeping statements against entire police force. All this is on the basis of the statement of one person, an accused Khurdush. TOI itself admits in one report that the statement of Kurdush has not been investigated by any agency. 
Interestingly, word alleged or allegation has not been used even once! At the same time none of these statements is a quote from the CBI record. Copy on May 27 says "most of the police force of Ahmedabad on his payroll" while the copy on May 28 says "entire police force was on the payroll of the Latif gang". The inverted commas have been added by me .

It is very clear that in the absence of the word allegation, the statement give the impression that they are true. My observation may sound trivial. But when a copy is examined legally, this is a great basis to judge the intent of the writer. And that's why in our good old days great care was taken about sensitive matters and the word allegation was used quite frequently.

All copies are based on the statement of Kurdush. No where, the views of others, particularly the person affected, have been taken. This can be right if we are reproducing something from a Court judgment or order. But certainly not in the case of a statement which has not been proved true by the Court of Law or any authority. 
Only to avoid such situation, every journalist is taught to balance the copy with the views of others. 
Now the question is of the value of the statement of Khurdush. He made a statement before the CBI on May 18, 1993. CBI is not a Court. It is like any other police station. Statement of an accused before police has no legal value. It can not be taken as evidence without other corroborating evidence. It has value if the accused is turned approver. But in this case, Kurdush is still only an accused. 
Can we run a campaign and call a police commissioner a dubious person on the basis of a statement of a person who himself is not reliable in the eye of the law? Any journalist has to check these elementary facts before writing.  
TOI may make any claim about the authenticity of its story. My idea is not to challenge the TOI's claim. The fact is that some basic elements of journalism have been blatantly ignored. 

Story of Khurdush's statement ...


Let me disclose a great fact related to the entire episode. A day before the TOI ran the story, many newspapers of Ahmedabad received a fax. It had an anonymous letter which some vigilant citizen had written to the Chief Minister Narendra Modi. The letter was along with a copy of statement of the Khurdush which he had made before the CBI. The telephone number reveals that the fax was sent from the Shahpur area of the walled city. 
In the letter, this vigilant citizen had drawn the attention of the CM to the statement of Kurdush with suggestion cum demand that action should be taken against Mathur. It is not known whether the vigilant citizen had really sent the letter to the CM or not. But he sent it to newspapers, is a fact. 
This statement is quoted in TOI campaign as the sole basis for describing Mathur as the man of Latif.  
Any student of journalism should make it a rule to check the facts before writing on the basis of anonymous letters, howsoever great the letter may appear. In this case, these facts had appeared in Gujarat Samachar in 1994. This led to an inquiry by the IB which found the allegations baseless.  
We must always be aware of the fact that media is power and so it is a great instrument for many in their power play. Many times such stories appear in the name of investigative reporting. If we see majority of the investigative pieces, they are generally result of this power play of people. A journalist should also view such copies from this point of view. 
The myth of Freedom of Press 
 

(Bharat Lakhtariya is a senior journalist representing the leading daily Gujarat Samachar. He is a very popular crime reporter. Bharat is post graduate in Law and is a visiting faculty in different journalism colleges and police Academy)
 
Freedom of the press, gagging of the press are some of the expressions we hear quite often. With the TOI issue hitting headlines globally, these expressions are being heard daily from many people ranging from journalists to social activities. Is there any Freedom of Press ? The question is not a sarcastic one. Just a question in all sincereity. The answer is big NO.
The Constitution of India has freedom of Expression and Speech as Fundamental Rights. But there is no mention of press. It does not give a special right to the press but lets it draw its freedom from within the Article 19, which provides all citizens with the right to freedom of speech and expression.
On the other hand, the  US Constitution has an explicit concept of Freedom of Press.very first amendment of its Constitution - First Amendment to the US Constitutions - lays down specifically that the freedom of press be in no way abridged by the laws. Even when it concerns the very security of the Nation, Federal Courts in the USA have invoked the First Amendments to secure the freedom of the press.
In the cases of New York Times and The Washington Post, when the USA Government sought to prevent the publication of highly sensitive "History of Decision making Process on Vietnam Policy", through injunctions from the Courts, the District Courts of Southern District of New York in case of NYT and the District of Columbia Circuit in the case of Washington Post, on the ground of National Security, both the courts ruled against the Government. Eventually, when the case came up before the US Supreme Court, it also ruled against the Government.
In India, even the Freedom of speech and Expression is not absolute. There are certain conditions in which a citizen cannot use this freedom. This is about the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to offence.
This is not that framers of the Constitution did not think about the Freedom of Press. Infact they debated the issue at length. Nehru wanted Freedom of Press like the US.It is not that the Indian leaders were not aware of the US First Amendment or of the famous declaration of President Jefferson. Pandit Jawaharlal Nehru shareed the views of Jefferson when he said, "I would rather have a completely free press, with all the dangers involved in the wrong use of the freedom, than suppress or regulated Press".
However, Dr. B R Ambedkar and others had different views. Speaking on behalf of the Drafting Committee, its Chairman Dr. B.R. Ambedkar said that the Press was merely another way of denoting an individual or a citizen. He said: "The Press has no special rights which are not to be given or which are not to be exercised by the citizen in his individual capacity. The editor of a press or the manager of a press are all citizens and therefore when they choose to write in newspapers they are merely exercising their right of expression and in my judgment therefore, no special mention is necessary of the Freedom of the Press at all. The word expression that is used in Article 19(1) is comprehensive enough to cover the Press.
In such a situation talk of Freedom of Press does not mean anything.How can we talk about a thing which does not exist in the Constitution.



Media Masala

No Mirror effect
 
On Sunday the news broke that the Ahmedabad Police Commissioner O P Mathur has filed a case against Times of India's local editor and correspondent. There was a sustained campaign from friends in the TOI to mobilise media support. Suddenly they started talking in terms of press unity and the attack on the press. The local editor Bharat Desai shared his views with media. Next day, almost all newspapers had the story. Most conspicuous was the fact that it was missing in TOI's own midloid Mirror.  
It was certainly a very embarrassing situation for TOI friends. However, there was an item about journalists' protest next day.  
But again, the day after there was no news in mirror about the developments in the case.  
What will you call it? TOI's Mirror has no mirror effect! 
Probably, the local mirror bosses have taken the baptism lesson of the top brass very seriously. During the pre launch period, the Mirror staff was told to take the TOI as the main rival. Certainly, you never come to the rescue of the rivals and so no mirror effect ( psychologists who coined the expression mirror effect would agree to this!)


People demand freedom of speech as a compensation for the freedom of thought which they seldom use.
 -
Soren Kierkegaard

With Love,
 
Yogesh Sharma
GujaratGobal.com