Contextualising the situation by flagging India’s dismal ranking of 159 out of 180 countries in the 2024 World Press Freedom Index (WPFI) by Reporters without Borders (RSF), a marginal improvement from 161 in 2023. Justice S Muralidhar was delivering the B G Verghese Memorial Lecture on ‘Media, Courts and Freedom of Expression’, and he stressed on the systemic issues plaguing India’s media ecosystem, from internet shutdowns to the safety of journalists and the role of the judiciary. The event was held at the India International Centre in Delhi last week, on March 21.

Safety of journalists, media persons: a major concern

The safety of journalists today remains a critical issue. Two years back, in 2023 alone, five journalists were killed, and 226 were targeted, with state actors responsible for 148 of these cases. Delhi emerged as the most dangerous region for journalists, with 51 targeted by state agencies. Recent incidents, such as the brutal attack on Odisha-based journalist Jyotiranjan Mohapatra and the beheading threat received by Nagpur journalist Vinay Pandey, highlight the perilous environment for press professionals. Journalists, especially those exposing or covering sensitive issues like environmental crimes or political corruption often face the brunt of violence and intimidation.

“Stopping journalists of them from travelling abroad, at the last minute, while they are set to board a plane, has also been happening with regular frequency. While Rana Ayyub could get the Delhi High Court to come to her rescue when she was set to travel to Europe to deliver talks on violence against women journalists, Sanna Irshad Mattoo, a Kashmiri photojournalist who won a Pulitzer Prize was in October 2022 stopped at the Delhi airport despite having a valid US visa and prevented from receiving the prestigious award in New York. No reasons were given. Fahad Shah, Sajad Gul, Aasif Sultan and Majid Hyderi are some of the other Kashmiri journalists who have faced arrests under draconian criminal law provisions including the Public Safety Act and have been released after long periods of incarceration,” he said.

Muralidhar focussed on the fact that, while the legal framework for media regulation exists, its effectiveness is questionable. The Press Council of India (PCI) and the News Broadcasters & Digital Association (NBDA) have been criticized for their lack of enforcement power. Commenting on the PCI, Muralidhar said: “The PCI exerts high moral authority but is sadly by and large an ineffective oversight body. When its website prominently displays the PM’s Pariksha Pe Charcha programme urging viewers to ‘join the event and get unique tips’ from him, it raises eyebrows.”

Although the NBDA does adjudicate complaints and pass orders, these are often not complied with, making self-regulation a meaningless term.

Media and judiciary require one another to be free and independent

Muralidhar emphasised the need for an independent judiciary to safeguard press freedom, noting that the judiciary itself relies on a free media to hold it accountable.

“In order to be truly free and independent, the media in a democratic polity needs an independent judiciary. For an independent judiciary to remain effective in a democracy, it requires a free media.”

Internet shutdowns and chilling impact on free speech

Muralidhar also raised the issue of the habitual and frequent use of internet shutdowns as a significant barrier to press freedom. The Supreme Court’s 2020 judgment in Anuradha Bhasin v. Union of India, which ruled that internet shutdown orders must not be disproportionate, has seen little enforcement. Despite court directives, the government has continued to impose shutdowns, particularly in conflict-prone regions like Jammu and Kashmir, where journalists face severe restrictions on their ability to report.

“Internet shutdown orders are now almost routinely issued throughout the country. Farmers’ protests, Manipur violence, and even during exams!! These orders are not in the public domain and so remain inaccessible and unchallenged. India, Iran, Myanmar and Ukraine are among the countries with the highest number of internet shutdowns in 2022 and 2023. According to an Access Now report 2024 saw 294 internet shutdowns globally and India accounted for 84 of these at 28%.”

Government’s crackdown on dissent

The government’s intolerance of criticism was evident in its response to the BBC documentary on the 2002 Gujarat riots and the blocking of Tamil magazine Ananda Vikatan’s website for publishing a satirical cartoon of the Prime Minister. Muralidhar criticised the Madras HC order asking Vikatan to remove its Modi-Trump cartoon as a condition to lift the blocking of its website.. “This is totally contrary to the settled legal position that mere criticism of the government, even if ill-informed, is not anti-national. It cannot result in a chilling effect on free speech,” he said.

Mentioning these controversial actions, coupled with the use of draconian laws like the Unlawful Activities Prevention Act (UAPA) and the Public Safety Act (PSA) against journalists, have raised concerns about the shrinking space for dissent.

“The nation wants to know why in the times now, in our republic, in India today, it is so hard to tolerate a healthy sense of humour, the ability to laugh at oneself, or take a dig at the government?,” he asked.

He also lamented that take-down orders and gag orders by the State and by the courts, at all levels, have become commonplace. “Ironically, fact-checkers who call out fake news are accused of spreading harm!” he sighed.

Role of social media and misinformation/disinformation

Touching on a vital issue, Muralidhar spent time on the deleterious effect of social media, who’s rise has added another layer of complexity to India’s media landscape, Muralidhar stressed on the dichotomy. While social media does provide a platform for independent voices, it has also become a breeding ground for misinformation and disinformation. Muralidhar warned against the government’s attempts to control online content through take-down orders and gag orders, which could stifle genuine dissent. He cited the Bombay High Court’s ruling against the government’s move to become the exclusive fact-checker as a step in the right direction.

Finally, Muralidhar concluded by urging journalists to remain steadfast in their pursuit of truth, despite the challenges. He highlighted the importance of global coalitions like the International Consortium of Investigative Journalists (ICIJ), which have exposed corruption and illicit activities on a global scale.

“The media in India has had to fight for its independence and for its freedom. It is a fact though that much of the mainstream print and electronic media are either owned by large corporate houses or by political parties. Both print and electronic media operate on purely commercial lines dependent as they are on government advertisements, licences and permissions, corporate sponsorships, commercials. These very media houses also have their corresponding web versions. And as Joseph Pulitzer cautioned, once a publisher comes to regard the press as exclusively a commercial business, there is an end of its moral power. Self-censorship, paid news, advertorials, large self-promoting ads of governments on several front pages, vying for greater TRPs at the risk of fudging data, are all now passe. There is also the control through sponsorship of the independent press on the net by corporate philanthropies. The big challenge then is to keep the news free,” he said.

Despite the general decline in media independence, Muralidhar said that certain encouraging signs emerged occasionally, giving hope to the future of journalists.

“And occasionally, tucked away in the corners of the print and electronic media, there is space yet for the investigative and critically analytical pieces of fearless and independent reporters, some of whom are being honoured today. Their courage and conviction will undoubtedly inspire generations of reporters. They need not just our admiration, but importantly, our support. They are our hope for a free and independent press, an impartial and trusted media, in the India of the future.”

He also called on the judiciary to embrace criticism and uphold the principles of free speech, as articulated by Lord Denning: “We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself.”

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The post For us to be truly free & independent, both media & judiciary need one another: (Justice) S Muralidhar appeared first on SabrangIndia.

Justice Murlidhar, who has over an illustrious career, established himself as a hero of the oppressed and a friend of the people, now been made to pay the price for walking the path of justice. The Delhi High Court judge has now been transferred to the Punjab and Haryana High Court. The timing of his transfer is most curious given how over the last 24 hours he has helped secure justice for people affected by the widespread violence in Delhi.

On the intervening night between Tuesday and Wednesday, Justice Murlidhar convened an emergency hearing at his home along with Justice Bhambhani, when pleas to help ambulances safe passage to and from the Al Hind Hospital in Mustafabad area failed to elicit any response from the Delhi Police. It was an order past post-midnight by that directed police to provide protection to ambulances so that critically injured people could be taken out of the Al Hind Hospital and be taken to other medical facilities where they could get the more specialized care they required.

Then on Wednesday afternoon, it was Justice Murlidhar who ensured that a video showing controversial BJP leader Kapil Mishra issuing a chilling ultimatum to the Delhi Police to evict anti-Citizenship Amendment Act (CAA) protesters from near the Jafrabad metro station, was played before the Solicitor General Tushar Mehta as well as the police officer present in court. Murlidhar was hearing a petition seeking directions to the police to file and FIR against Mishra for using hate speech to incite violence. During this hearing he had also allowed for other videos of hate offenders such as Anurag Thakur, Parvesh Verma and Abhay Verma to be played before the court. He had also upbraided the Solicitor General for his remark that FIRs will be filed at an “appropriate time” wondering aloud if the moment wasn’t now. When proceedings concluded he had directed the Delhi Police to take a conscious decision about filing FIRs reminding them that failure to do their duty could lead to a serious miscarriage of justice.

The transfer

On February 19, the Supreme Court Collegium recommended Justice Murlidhar’s transfer from the Delhi HC to the Punjab and Haryana HC. This led to the Delhi HC Bar Association to conduct an emergency meeting where it was resolved to protest this move. They even resolved to abstain from work on Tuesday to showcase their displeasure.

In a statement, the Bar Association expressed their shock, dismay and outrage saying, “Such transfers are not only detrimental to our noble institution but also tend to erode and dislodge the faith of the common litigant in the justice dispensation system. Such transfers also impede free and fair delivery of justice by the Hon’ble Bench.”

Career and key judgements

At present Justice Murlihar is the third senior most judge at the Delhi HC. He started his law practice in 1984 in Chennai and in 1987 started practicing at the Supreme Court and Delhi HC. He worked pro-bono to secure justice for survivors of the Bhopal Gas Tragedy and those displaced by the Narmada dam. InMay 2006, he was appointed a judge of the Delhi HC.

Here are a few of his illustrious judgements:

·Decriminalisation of homosexuality in the famous 2009 Naz Foundation case

·Convicting Sajjan Kumar for his role in the 1984 anti-Sikh pogrom

·Convicting 16 policemen in the Hashimpura case

·He also stayed the transit remand for Gautam Navlakha in the Bhima Koregaon case in 2018 when activists were hounded by a vindictive state and accused of being ‘anti-national’ and ‘urban naxal’.

In light of all this, it appears that Justice Murlidhar is just being punished for daring to take on a regime that has zero tolerance for either defiance or dissent.

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The post Delhi HC judge shunted out day after order in hate speech case against Kapil Mishra appeared first on SabrangIndia.