The NAJ, DUJ, KUJ and APWJF have further demanded a Media Commission of India in the lines of the First and Second Press Commissions, end to the Labour Codes and increasing attempts to gag the media.

Noting that “several journalists, including eminent editor Prabir Purkayastha, are in jail for exposing this government and the forces that control this government. Journalists such as Siddique Kappan are facing criminal charges, including UAPA charges, after spending years in prison. In Kashmir many journalists such as Fahad Shah, Sajad Gul, Irfan Mehraj, Aasif Sultan and Majid Hyderi have been arrested while most other journalists live in fear. Since 2010, as many as 15 journalists and two media managers have been charged under UAPA, seven are still behind bars. Sedition charges have been filed against leading journalists like Vinod Dua, Mrinal Pande, Rajdeep Sardesai and others.

Besides, defamation charges have been filed against journalists like Paranjoy Guha Thakurta, Ravi Nair and many others. Raids on media, seizure of electronic devices and harassment of media employees is becoming another menace.”

The charter has stressed the fact that there has been no Wage Boards for the past 13 years, nor any willingness to constitute another one, or even grant interim relief.

The letter is timed with the current session of Parliament.

The detailed charter of demands, filed by all four unions representing 1,000 journalists relates to the Free Functioning of the Media and may be read below:

“The media has an effective role to play in a democratic society. Leaders of our national movement upheld this concept after Independence and the Constitution too values freedom of expression as a fundamental right. This concept was the base for passing the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act (known as Working Journalists Act) and the Working Journalists (Fixation of rates of wages) Act in 1955 and 1958 by the Parliament of our country.

“The works of two Press Commissions were also broadly in this direction. The Parliament too has played a role in enriching this principle of ensuring a free press in the country and the rights and dignity of journalists and co-workers-all of which are being unfortunately negated lately.

“The term of the 17th Lok Sabha will end within a few months. This winter session will be the last full-fledged session of the 17th Lok Sabha. As the country is moving towards the next general elections in 2024, we, the media fraternity would like to make some submissions before the Parliamentarians and leaders of political parties.

“As trade unions of experienced journalists who cover and write about a myriad issues and problems in the country we have no qualms in saying that the last five years have been the most dangerous years for journalists and journalism in this country. The country’s ranking in the Freedom of Press Index has consistently declined during these years and stands as low as 161 out of 180 countries.

“Several journalists, including eminent editor Prabir Purkayastha, are in jail for exposing this government and the forces that control this government. Journalists such as Siddique Kappan are facing criminal charges, including UAPA charges, after spending years in prison. In Kashmir many journalists such as Fahad Shah, Sajad Gul, Irfan Mehraj, Aasif Sultan and Majid Hyderi have been arrested while most other journalists live in fear. Since 2010, as many as 15 journalists and two media managers have been charged under UAPA, seven are still behind bars. Sedition charges have been filed against leading journalists like Vinod Dua, Mrinal Pande, Rajdeep Sardesai and others. Defamation charges have been filed against journalists like Paranjoy Guha Thakurta, Ravi Nair and many others. Raids on media, seizure of electronic devices and harassment of media employees is becoming another menace.

“Social media handles and YouTube channels of independent journalists are often forced to shut or censored for speaking or showing truth. Many of the independent YouTubers were leading anchors and editors who were forced out of TV news channels. Big corporate companies and other vested interests, have cemented their control over media, despite our warnings that cross- media ownership is dangerous for this country and its democracy. Journalists have been retrenched by managements under pressure from their corporate funders. Traditional family owned newspapers and media houses too are forced to bow before the pressure from the market or the governments.

“We deeply regret the weaponisation of sections of the media to spread hate. A rabid communal agenda has divided and polarized the people, threatening the unity and integrity of the Indian state. We hold the corporate media, particularly TV channels and their anchors and editors, culpable for these divisions and fissures in society as much as politicians.

“On the other hand, we note with dismay the increasing attempts to ‘regulate’ the media, particularly the relatively independent digital media and social media through amendments and changes to the laws. The IT Rules, 2021, the Registration of Press and Periodicals Bill, 2022 and the Broadcasting Services (Regulation) Bill, 2023 are the most recent such moves that threaten democracy and free speech.

“The Union Government has also dealt journalism a big blow by submerging the two above mentioned Acts for journalists into the Labour Codes, reducing our rights. These Acts were the last resort for a journalist to fight the pressures from the management, the corporate advertisers or autocratic governments.

“It has been 13 years since the Centre accepted the recommendations of the Majithia Wage Board, which was the last Wage Board for journalists and press workers. The Centre has not shown any willingness to constitute another Wage Board and this is impacting the lives of many journalists and workers.

“As trade unions, we believe that collective struggles should be launched along with workers, peasants, youth and students to protect the democracy of our country. We urge you to help us in raising the voices of independent press in Parliament and other forums.

“We have certain concrete suggestions to cross over this crisis of democracy. Here is our fourteen point charter of demands, which we request you to consider.

1. A law to protect journalists from arbitrary arrests and malicious prosecution is the need of the hour. Journalists cannot be treated as terrorists.

2. A recent amendment to the IT Rules, 2021 gives not just the Press Information Bureau but also all Union government ministries and departments the powers to demand that news they object to be taken down by social media companies. We demand that these Rules aimed at censoring the small, independent digital media be withdrawn immediately.

Other moves such as the reported inclusion of digital media in the draft Registration of Press and Periodicals Bill, 2022, to controls news and views carried on digital media through any electronic device, must be reviewed. The draft Broadcasting Services (Regulation) Bill, 2023 which is meant to replace the Cable Television Networks (Regulation Act), will affect not just streaming platforms like Netflix and Amazon Prime Video but also individuals putting news and current affairs online on platforms like YouTube and WhatsApp. These bills must be discussed in the public domain, through public hearings and consultations with all stakeholders including journalists’ organizations before being passed.

3. Early setting up of a common Media Council for print, electronic and digital media, with representatives from the media, media unions and independent public persons.
4. Setting up of a Media Commission to study the entire media like the First and Second Press Commissions and to recommend remedial measures, in view of sweeping changes since the onset of imperialist globalisation and the deplorable condition of journalists and non-journalists in media establishments.
5. Putting responsible checks on cross-media ownership.
6. Immediate steps to help the growth of national language news and feature agencies through a National Newspaper and Feature Agencies Development Corporation.
7. Repeal the four Labour Codes. Restore previous pro-labour legislations. Restore the two Working Journalists Acts with a simple amendment to include broadcast and digital media.
8. Implement the last Wage Board recommendations as per the historic Supreme Court ruling of February 7th, 2014. Set up fast track courts with time bound implementation in view of pendency of cases. Constitute a new Wage Board at the earliest. Interim relief is overdue.
9. Proper Risk Insurance cover for media workers and their equipment as well as a decent Pension Scheme. Currently, the contributory pension that journalists get is a pittance, seldom more than a couple of thousand rupees.
10. Ensure a one-year package to the premier national news agency United News of India to help sustain regular payment of long delayed salaries and payments to retrenched employees including their gratuity and other dues. Some of them are in critical condition. The once virtually self-reliant UNI Urdu news service is barely surviving, amidst celebrations of 200 years of the Urdu press. Attempts to discriminate against another premier national news agency, the PTI, must stop.
11. India’s record of imposing Internet bans is the worst in the world, with 741 shutdowns from 2012 to July 2023. Shutdowns seriously impede the work of journalists who are unable to send their news reports, stories and photographs at such times. Shutdowns have been imposed for everything from riots to stopping cheating in exams! This abuse of law must be stopped through appropriate rules and guidelines.
12. The laws relating to Sedition, Defamation and arbitrary detention laws like the UAPA are being increasingly misused to arrest and prosecute journalists. Journalists have been booked even for tweets and Facebook posts. These laws should be reviewed and repealed to prevent their misuse.
13. Given the increasing tendency of media companies to outsource work, provisions need to be made for freelance journalists, stringers and consultants, to ensure that payments by media companies are both timely and adequate. The number of such media workers is growing by the day but there are no proper legal provisions for their welfare and social security.
14. And lastly, but most importantly, release all the journalists, academics and activists arrested arbitrarily.

We sincerely hope that you will consider our demands and respond to them with the earnestness and immediacy they deserve. Today journalism, independent journalism in particular, is battered and bruised as never before. Surely immediate steps are needed to save it and ensure that the print, broadcast and digital media are allowed to co-exist and flower and bloom in a responsible manner.”

The statement has been signed by S.K.Pande, President-DUJ,  Sujata Madhok, General Secretary –DUJ  A.M. Jigeesh, President- NAJ,N.Kondaiah, Secretary General-NAJ, G.Anjaneyulu, General Secretary-APWJF and  R.Kiran Babu, General Secretary –   KUWJ

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The post Stop treating journalists like terrorists, media unions tell government as the 17th Lok Sabha begins appeared first on SabrangIndia.

Notably, this bail follows the High Court’s earlier decision to quash his detention under the PSA, citing a lack of substantial evidence linking him to a threat to public order. The judge in the said bail order, Justice Wasim Sadiq Nagral, had observed that the detention order should be set aside since it not only had technical infirmities but also since the detaining authority did not apply its mind while issuing the order. It is essential to highlight here that the PSA allows the authorities to detain a person for a period up to two years.

Yet, the fight for Shah is not over. As confirmed by Shah’s lawyer to The Kashmiriyat, he continue to face trial under Section 18 of the UAPA. Section 18 of the UAPA says that ‘whoever conspires or attempts to commit, or advocates, abets, advises or [incites, directly or knowingly facilitates] the commission of, a terrorist act or any act preparatory to the commission of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.]’

In addition to this, he had also been charged for violating Sections 35 and 39 of the Foreign Contribution (Regulation) Act (FCRA) for allegedly receiving funds against the law, a charge that still remains as per a report of the Wire.

The case against Fahad Shah:

In February of 2022, Shah was arrested by the police in relation to an alleged “incorrect reporting” on his portal regarding an encounter in Pulwama wherein three militants, including a top commander, had been gunned down. Shah was arrested for publishing an article written by Kashmir University scholar Abdul Ala Fazili titled “The Shackles of Slavery Will Break” on November 2011.

The FIR (First Information Report) had been filed in the said case in April 2022. The police had accused him of “glorifying terrorist activities” on social media and causing “disaffection against the country”. He was further accused of disseminating anti-national content to unspecified number of “social media users” and creating fear among the public. Ironically, there was not any explanation included in the charge sheet as to why it was registered after a decade.

Related:

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Kashmir: Journalist Fahad Shah faces fourth FIR now under J&K PSA!

Kashmir: Journalist Fahad Shah arrested for FB post on Pulwama encounter

The post Jammu & Kashmir HC: Fahad Shah granted bail after spending 21 months in jail appeared first on SabrangIndia.

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The post Media freedom in Kashmir after Art.370 abrogation appeared first on SabrangIndia.

The Jammu and Kashmir High Court has quashed the detention of journalist Peerzada Fahad Shah, the editor-in-chief-cum-director of digital news portal ‘Kashmir Walla’. Justice Wasim Sadiq Nagral observed that the detention order should be set aside since it not only had technical infirmities but also since the detaining authority did not apply its mind while issuing the order. Peerzada was arrested for publishing an article written by Kashmir University scholar Abdul Ala Fazili titled “The Shackles of Slavery Will Break” on April 4 2021.

Background of the case

Peerzada was placed under preventive detention under the Jammu and Kashmir Public Safety Act by the District Magistrate vide order dated March 11, 2022.

It was submitted on behalf of Peerzada that he is a reputed journalist having earned a good name and fame on international level in the field of honest and fair journalism while also being a peace loving citizen. It was contended that the allegations against him are baseless and vague and without any iota of truth to them. Peerzada was arrested on February 4, 2022 by Pulwama Police and booked him under Section 13 of UAPA [whoever advocates, abets, advises or incites the commission of, any unlawful activity], Section 124A [sedition] and Section 505 [Statements conducing to public mischief] IPC. In this case, Peerzada was granted bail and and when the order of the Court was served upon the police concern, they did not release him and shifted him to the Police Station Imam Sahib Shopian where on the same set of allegations, another FIR was registered. Once again he was granted bail and once again shifted to another Police station namely, Safakadal, Srinagar where one more FIR on the same set of allegations was registered and then a detention order under PSA was passed against him.

The Government Advocate, Sajjad Ashraf submitted that Peerzada was detained validly and legally by virtue of detention order and all statutory requirements and Constitutional guarantees have been fulfilled and complied with. He further submitted that the grounds of detention give a clear picture and the activities of the detenu were highly prejudicial to the maintenance of public order and respondents had no option but to detain him. It was also submitted that detenu was found involved in various anti-national nefarious activities.

Court’s observations

After analysing the record, the court found that relevant material or dossier was not provided to the detenu. Relying upon Supreme Court’s decision in Icchu Devi Choraria vs Union of India (1980) 4 SCC 531 , the court held that non-supply of dossier and the relevant material vitiates the detention order and cannot sustain the test of law and is liable to be quashed. In the said case, the apex court has taken the view that documents, statements and other materials referred to or relied upon in the grounds of detention by the detaining authority in arriving at its subjective satisfaction get incorporated and become part of the grounds of detention by reference. The right of the detenu to be supplied, copies of such documents, statements and other materials flow directly as a necessary corollary from the right conferred on the detenu to be afforded the earliest opportunity of making a representation against the detention because unless the former right is available the latter cannot be meaningful. (Para 26)

Public order and state security not interchangeable

Another question raised by the court was “Whether the concepts of “public order” and “security of state” are distinct and separate”. The court cited G. M. Shah vs. State of J&K AIR 1980 SC 494, where Supreme Court had held that “law and order”, “Public order” and “security of the State” are distinct concepts, though not always separate and while every breach of peace may amount to disturbance of law and order, every such breach does not amount to disturbance of public order and every public disorder may not prejudicially affect the “security of the State. (Para 29)

The court held that the detaining authority “used both the expressions “Public Order” and “Security of the State” with a wavering mind and uncertainty and accordingly, the detention order gets vitiated and cannot sustain the test of law and is liable to be quashed.” (Para 33)

The court observed that the ground of detention in one place mentions that activities of the detenu leads to disturbance of public order and in concluding part it mentions that the detenu’s activities are prejudicial to security and sovereignty of the country. The court thus observed that the detaining authority did not carefully evaluate and apply their thoughts while passing the detention order.

Under section 8 of the PSA, “public order and Security and Sovereignty of the country are two distinct expressions and have different connotations and are demarcated on the basis of gravity and cannot be used simultaneously which clearly proves beyond any shadow of doubt that the detaining authority has not applied its mind while passing the order of detention” (Para 36).

The court held thus,

“From the perusal of grounds of detention, it is manifestly clear that the same are vague and bald assertions without any specific details with the result that the detenu was unable to file a meaningful and effective representations. Besides the specific averment of the detenu that he has not been provided copy of the dossier and other relevant material including copies of FIRs which have been referred and relied by the detaining authority while framing grounds of detention and passing the detention order against the detenu, has not been specifically denied by the respondents and is also borne from the record.” (Para 36)

The court also found the action of the respondents to be violative of Article 22(5) of the Constitution read with section 13(2) of PSA.

Article 22(5) reads as follows:
 

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order

Section 13(2) of PSA reads as follows
 

13. Grounds of order of detention to be disclosed to persons affected by the order-

(2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose

Procedural requirement not followed

Further, another procedural requirement was not fulfilled since the person who executed the detention order did not swear on affidavit. The court relied on Supreme Court judgement in Abdul latief Wahab Sheikh Vs. B. K. Jha, 1987 (2) SCC 22 where the court held that the procedural requirements are the only safeguards available to detenu, that is to be followed and complied with as the Court is not expected to go behind the subjective satisfaction of detaining authority.

No compelling reason

The court further held thus,

“That no compelling reasons have been given or shown by the detaining authority while passing the impugned order against the detenu when he was already in custody in pursuance of FIR 70/2020 in which no bail has been granted. In absence of any compelling reasons, the order of detention cannot sustain the test of law.” (Para 39)

The court thus quashed the detention order of March 2022 and Peerzada was ordered to be released forthwith.

The complete judgement may be read here:

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The post 14 months on, Kashmiri journalist, Fahad Shah’s detention under PSA quashed appeared first on SabrangIndia.

On 30 September 2020, I, along with a photojournalist colleague Bhat Burhan, drove to Ludhiana, Punjab for an assignment for Business Insider — a New York based publication. Our assignment was to cover the ongoing farmer protests. While in Ludhiana, we stayed in a hotel and visited protesting farmers in Moga, Barnala and Khanna villages in Punjab for this story. We even posted a few photographs from the protests on social media. 

We finished our work in Punjab on October 3, and left Ludhiana, in the afternoon, driving back to Srinagar in my personal vehicle. We arrived at Jammu around midnight and stayed in a hotel before continuing our journey home–to Srinagar–on the next morning. At around 10 A.M on 4 October, we resumed our journey. There were frequent traffic jams on the Jammu-Srinagar national highway because of the poor condition of the road and we arrived at the Jawahar Tunnel around 5:30 P.M. As soon as we came out of the tunnel, we saw police and paramilitary forces stopping every approaching vehicle. 

The moment our car was seen, I was asked to park on the side. A security man wearing a black T-shirt with “Commando” written over it directed us to hand over our identity cards. Once the “Commando” saw my name, he went to a senior officer who was standing a little away. “Sir, this is the person,” I heard him telling the officer, pointing to my ID card. Within no time, over a dozen police personnel with assault rifles encircled us. We were asked to get down from the car. The senior officer demanded that we hand over our mobile phones to him. The officer asked me to unlock my phone, which I did, and he dialled some numbers, using his own phone as some sort of a reference. My colleague was not asked to unlock his phone but both of us were asked to wait. We were exhausted from the long journey (from Punjab) and were shocked, not knowing what was wrong and with how we were treated. 

I mustered some courage and asked the senior officer the reason behind detaining us on the road. He did not respond to my query. He kept on talking on the phone with someone else, perhaps his senior. Half an hour later, the senior officer asked us to sit back in the car. We did that. The policemen still surrounded us. After sometime, the officer asked us to get down again. The senior officer then told another policeman to bring a police truck and take us to the police station. We refused to sit in the truck. At this point, one of the police personnel got agitated. 

“I will drag you like a dog, you bastard. Cooperate with us or I will show you what we can do,” the police personnel told me. Then, I told the senior officer that we are not criminals nor have we broken the law in any manner and that we will not get into the truck. I told him that if they have to take us to the police station, we would go in our own car. The officer again walked away to call someone, perhaps the senior officer. When he returned, he asked a policeman to drive our car. A policeman took the steering and I was made to sit in the passenger seat while my colleague was made to sit with policemen on either side at the back seat. We were terrified because nobody knew what was happening to us. I started wondering if we were killed somewhere, no one will even know about it.

Seeing that we were worried, the senior officer told me, “Don’t worry I am also following you, I am coming too.” We realised that this checkpoint was erected specifically for us, because the moment our car started moving, all other policemen rushed to their vehicles to follow us. 

We arrived at the Qazigund Police station and I was told to accompany some police personnel who searched my car and directed me to open my luggage and checked everything thoroughly. At the police station, we were made to wait in the office of the Station House Officer (SHO), Peerzada Ateequllah, for about 45 minutes. The SHO wasn’t there. 

Once he arrived, the interrogation started. He asked us questions about our age, our families, which schools did we attend, when did we start working as journalists, where has our journalistic work appeared etc. He also brought us water and tea and said that a senior officer was coming to speak to us. I kept on asking him about the reason for our detention and questioning. He said that he didn’t know. I also requested him to allow us to make a phone call to our families — who at that point did not know our whereabouts — so that they don’t worry about our delay in returning home. Our phones were switched off, according to friends who had attempted to reach out during the time we were missing. He refused and asked us to wait till the senior officer arrived. 

At about 8pm, the Deputy Superintendent of Police (DySP), Mohammad Shafi, arrived at the station and asked others to leave the room. It was this DySP, who along with the SHO and the senior officer, had brought us to the police station from the checkpoint at the tunnel. Now the Dy SP had begun questioning us. He also repeated the questions about our ages, education, family etc. He also asked questions about our travel in Punjab. We answered every question.

He then asked me whether we have become a journalist without any qualification, implying that we were not qualified to be journalists. The police officers didn’t ask anything that would explain the reason for our detention.

The DySP then asked about what exactly had we reported about the Kashmir situation so far. He made a specific reference to a report about a gunfight in Damhal-Hanji Pora in Kulgam that we (The Kashmir Walla) had published back in May 2020. I told him that we had reported what happened and that the police would have issued a rebuttal if they had any problem with the report. He, however, didn’t elaborate further on this. 

We had thought that nobody knew about our detention. But somehow a few journalist friends in Srinagar had found out. Perhaps a policeman in the station had told someone about our detention. The officers questioning us then started receiving multiple calls from our worried friends and colleagues, who were calling police officials in-charge of the jurisdiction where they knew we were last at. None of them had an inkling that the officers were answering those calls as they were questioning us. We heard the DySP deny having detained journalists. “No we haven’t picked anyone from the tunnel, I will still check,” he kept on telling callers while we sat in front of him. 

The police officers then checked the videos and pictures on our cameras and asked us questions about them. These pictures and videos were from our assignment regarding the farmers protest in Punjab. After some time, the DySP asked another officer–who was waiting for us at the tunnel, a young officer whose name badge was hidden by the jacket he was wearing–about which of the two were they seeking to question. The officer responded with my name. After this rigorous questioning, we were taken out of the room while the DySP spoke to someone over the phone.

Sometime later, we were asked to come back inside the room and then the questioning resumed. This time, however, the DySP also told us that journalists needed to show “self-restraint” and report “cautiously” considering “national security”. I told him that we reported facts and nothing else. However, referring to our coverage of a gun fight and its aftermath in Srinagar city, the DySP said that there have been issues with our reporting. I told him that I was summoned by the police in connection with our coverage of a particular incident in Srinagar and we defended our work which was based on the facts.

It was around 9:15 P.M that the DySP asked someone to bring our cellphones and ID cards. The SHO wrote a statement mentioning that my car, phones and others belongings were returned without any tampering. He asked both of us to sign it, which we did. They also asked us to sign on a ledger. Then the DySP asked me if there is anyone in Qazigund who knows me so that they would hand us over to him. We, however, didn’t know anyone in Qazigund. The DySP insisted that they can release us only if somebody from Qazigund takes the responsibility in writing. At this point, our families were still unaware about our detention. I told him that if he allowed me to call a friend, it could help us arrange a local person who will take our responsibility. 

Finally at 9:30 P.M, I called a friend, who sent someone he knew in Qazigund. The local person was asked to sign our release form and we were also asked to sign it too. After this the DySP said, “We only helped you, now don’t make an issue out of it. It is our duty.” 

We left the police station around 10 P.M. We were extremely worried while we drove back home. Since our release, I have tried to find out the reason for our illegal detention and the treatment as if we had committed a heinous crime. However, I have not been given any answers so far. 

Our detention was illegal and we believe that it is in line with how journalists are routinely harassed, summoned to police stations, treated like criminals, and intimidated because we report facts. The continued harassment is taking a toll on my mental health and impacting the work we do at The Kashmir Walla.

We have not broken any law. We have not committed any crime. Journalism is not a crime. Why are we being treated like this–harassed and intimidated? I am extremely worried about the safety of my colleagues and myself.

(Disclaimer: The narration, views and opinion in this article are that of the writer’s own. The story first appeared here: https://thekashmirwalla.com/2020/10/journalism-is-not-a-crime/)

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