Freedom of Expression Conference Resolution and Memo to Governor in Gujarat

GUJARAT STATE THE FREEDOM OF EXPRESSION CONFERENCE
Organized by
J.P. Centenary Committee, PUCL, MSD, PRASHANT, Nirikshak, Bhoomi Putra, Nayamarg, Jalseva
C/o. Gandhi Peace Foundation, Himavan, Paldi, Ahmedabad 380 006
Ph: 079-26641353 Cell: 9825382556 email: dn.rath@...

Delegation meets Governor regarding Freedom of Expression in Gujarat

In the wake of the Gujarat State Freedom of Expression Conference which was held in Ahmedabad on June 22nd 2008, a representative group met the Governor of Gujarat

Shri Naval Kishore Sharma at the Raj Bhavan in Gandhinagar today and handed over to him a Memorandum together with the Resolution of the Conference.

The delegation representing several sections of civil society consisted Shri Gautam Thaker, Gujarat State Secretary of the Peoples Union for Civil Liberties (PUCL), Shri Digant Oza, National Convenor of the Peoples Movement of India and Fr. Cedric Prakash, Director of PRASHANT.

The delegation appraised the Governor, of the Conference and urged him as the Constitutional Head of the State, to do all within his capacity to ensure that the Constitutional Right of Freedom of Expression and Conscience is no longer throttled in this State.

The Governor gave the delegation a patient hearing and assured that he would do his very best to address the issue.

GAUTAM THAKER FR. CEDRIC PRAKASH DIGANT OZA
SECRETARY P.U.C.L. DIRECTOR, PRASHANT SENIOR JOURNALIST
NATIONAL CONVENOR
PEOPLE'S MOVEMENT OF INDIA



24th June 2008
=============================

GUJARAT STATE THE FREEDOM OF EXPRESSION CONFERENCE
Organized by
J.P. Centenary Committee, PUCL, MSD, PRASHANT, Nirikshak, Bhoomi Putra, Nayamarg, Jalseva
C/o. Gandhi Peace Foundation, Himavan, Paldi, Ahmedabad 380 007
Ph: 079-26641353 Cell: 9825382556 email: dn.rath@...

Date : 24-6-2008

MEMORANDUM

Subject : Sedition charges on Times of India, case against Shri Ashish Nandy and other Freedom of Expression issues.

To:
Shri Navalkishore Sharma,
The Governor of Gujarat,
Gandhinagar.

Respected Sir,

The Gujarat State Freedom of Expression Conference was held on 22nd June, 2008 at Bhaikaka Bhavan, Near Law Garden, Ahmedabad to uphold the Freedom of Expression. The Conference was presided by Shri Chunibhai Vaidya, Senior Sarvodaya Leader. Senior Journalist Shri Kuldip Nayar, Justice Raginder Sachar and Shri Kannabiran, the President of P.U.C.L. were the distinguished Speakers at the Conference.

The Conference was organized by P.U.C.L., Movement for Secular Democracy, J.P.Centenary Committee, PRASHANT, Nirikshak, Nayamarg, Bhoomi Putra and Jalseva. The Conference was attended by citizens of the State from all walks of life in large numbers.

The other Speakers at the Conference were Prof. J. S. Bandukwala, Advocate Girishbhai Patel, Digant Oza, Indukumar Jani, Dwarika Nath Rath, Fr. Cedric Prakash and Gautam Thaker.

The following Resolution was passed at the Conference unanimously and it was decided to submit a Memorandum to the Governor of Gujarat. On behalf of the Conference, we are submitting this Memorandum to you along with the copy of the Resolution for your knowledge and prompt measures to check the abuse of power and assault on Freedom of Expression and human rights in the State.

Thanking you,

Yours faithfully,
GAUTAM THAKER FR. CEDRIC PRAKASH DIGANT OZA
SECRETARY, P.U.C.L. DIRECTOR, PRASHANT SENIOR JOURNALIST
NATIONAL CONVENOR
PEOPLE'S MOVEMENT OF INDIA

==============================

22ND, JUNE - FREEDOM OF EXPRESSION CONFERENCE

THE RESOLUTION

Gujarat State Level Conference of freedom of Expression of Gujarat recalls the black days of emergency where all the fundamental rights, democratic, civil rights were trampled and thousands were put behind the bar. Pre censorship on media was imposed and various newspapers, journals were sealed off including Bhoomi Putra of Gujarat.

Though it is going to be the 34th year of emergency, the trail of it is still endangering the democracy where the freedom of expression is becoming the worst casualty. It is under surveillance. Now the charge of sedition on Times of India, cases against Ashish Nandy, attack on Kumar Ketkar and many other journalists and media throughout the country, imprisonment of civil right activist Dr. Binayak Sen and others and the promulgation of draconian acts in various parts of the country is a matter of grave concern. Minorities choose to remain silent but waiting for the justice.The dalits, the poor workers, marginalized section and the women hardly have any forum where they can express freely about their plights. Freedom of Religion Law which the Government has enacted from April 1st 2008. curbs the right of a citizen from Freely expressing and choosing the religion of his/her choice. This conference takes serious note of all these developments related to freedom of expression.

The Conference would like to draw the attention that according to a survey conducted by media advocacy group in Paris during October 2006, ranking countries from best to worst in protecting the freedom of press, India was ranked at 115 in restoring press freedom

The recent sedition charge against TOI has alarmed all the democracy loving people in the country which has evoked country wide protest.

First of all this conference condemn the sedition charge against Times of India, a tip of an iceberg in Gujarat. Several press have also been the victim in Gujarat. It is a direct assault on freedom of Press, which is the fourth Estate in a democratic country. Registering the case against Times of India is a deliberate action of Police to suppress the voice of dissent of the press and create an atmosphere of panic in the state, where violation of human rights and Democratic rights is becoming a regular practice of the Police and Govt. in Gujarat in overt and covert fashion for last so many years.

The features carried by Times of India exposing the close nexus between Police officer Mr. O.P. Mathur with Mr. Abdul Latif , is not only appalling but raises serious question about the credibility of the Police Officer in high rank and level of criminalization of Police in the state.

The Ahmedabad city Police Commissioner Mr. O.P.Mathur instead of responding to the documented investigative report published by the Times of India either by refuting the charges or by filing defamation case but to treat the reports questioning his competence as amounting to excite hatred, contempt or dissatisfaction towards the Govt. reflects his undemocratic character and audacity to equate himself as Govt. established by law. If Mr. Mathur has acted with the approval of the Govt., it exposes how the state attempts to suppress democratic dissent., which can be a British colonial hang over.

So, any threat to freedom of press and freedom of expression by any quarter of the administration is a direct threat to democracy and perpetuate fascist type of rule

The role of media as the watchdog of democracy and its role to disseminate right to information to the citizen is always indispensable, which the Times of India has been performing.

The charge of Sedition or prosecution of media persons is not new in Gujarat. It has become a normal practice.IPC section 124 (A) has been used at will against the editors, reporters in Gujarat and they are put behind the bars

· The reporter of AajTak was charged because of telecasting the news exposing the indifferent attitude of the Modi Govt. towards the orphan of the riot victim of Naroda Patia , as assured by the then President of India Dr.A.P.J. Abdul Kalam.The editor of Samana of Surat was prosecuted due to its coverage on the Surat flood.

· The editor of Aajkal of Rajkot was charged with 124A because of coverage of news exposing the nexus between Police and the Underworld in Bhavnagar.

· The editor of Young Aarohi of Veraval was framed 124A because of carrying the news exposing the Arms traffiking. 124A was also filed against

· Ms. Nafisa Ali and daily Divya Bhaskar on her comment on carnage 2002.There are innumerable overt and covert threats to the media in the state.

Inspite of the threat the media is doing its best to be the watchdog of democracy. But the fear of sedition, defamation, prosecutions etc.pushing the media towards self censorship.

The degree of regimentation and undemocratic atmosphere prevailing in the state can be gauzed the way the film Parzania was not allowed to be screened and the Fanaa was pulled down from the theatres.

Now Prof. Ashish Nandy is facing police case registered against him. Prof. Ashish Nandy wrote an article "Blame the Middle Classes?" after the Gujarat elections. He gave his analysis of the election outcome. A criminal case has been filed for writing this article under IPC Section 153 (A) and (B), with the permission of Government of Gujarat. Shockingly the head of the Gujarat Branch of the National Council of Civil Liberties has filed the case.

Press freedom is also threatened by the violence of political parties as well as religious fundamentalist forces and various brigades backed by powerful persons in power. Attack on freedom of expression is also growing from non-State actors, and the intolerant fascist groups.

The attack on the residence of Mr. Kumar Ketkar, editor of the popular Marathi newspaper Loksatta, is the latest in a series of growing incidents of intolerance and violence in India against members of the media, which this conference condemn severely

Moreover Freedom of expression is gagged in the name of so-called development. More and more restrictions are imposed to curb freedom of gathering, holding meetings and rallies.

This Conference would like to reiterate that the history of press in India is filled with stories of struggle and sacrifice. The Freedom of the Press was one of the constitutional guarantees demanded by freedom fighters during British colonial rule. Most of the leaders of the freedom movement were journalists. They were for freedom of expression. After Independence the Founding Fathers attached great importance to Freedom of the Press during framing the Constitution of India

In a series of decisions from 1950 onwards the Supreme Court has ruled that Freedom of the Press is implicit in the guarantee of freedom of speech and expression in Article 19(1)(a) of the Constitution The Supreme Court of India has stated that 'freedom of speech and expression of opinion is of paramount importance under a democratic Constitution. The court has also declared that newspapers constitute the Fourth Estate of the country, Freedom of the press is undoubtedly one of the basic freedoms in a democratic society based on the Rule of Law

But after 61 years of freedom, the freedom of press and the freedom of expression is a far cry. Officials harass journalists through lawsuits, using restrictive laws governing criminal defamation, contempt of court, and national security to silence the reporters. Accreditation cards to journalists are denied.

Apart from it, self censorship is not only practiced by the media and media persons but also by the citizens. A sense of insecurity and fear is lurking. The citizens are scared to speak fearlessly and apprehend that they have to pay a price for freedom of expression. Silence is preferred than to invite the wrath of the Govt. or the so called brigades. This very aspect is killing the spirit of democracy and creating a ground for fascism, the worst enemy of the civilization. This is the most appalling aspect that can be ever comprehended in the state. of Gujarat

Under these circumstances, this Conference of Freedom of Expression pledge to uphold and fight for the freedom of expression to save the democracy from growing fascist onslaught.

So we demand-

1-Withdrawal of the charge of sedition and conspiracy immediately
2-Institute a high level judicial enquiry on the charges against Mr. O.P. Mathur
3-The column of Sedition be scrapped permanently from I.P.C..
4- The Home Minister of Gujarat should come out with the clarification on the charge of Sedition against Times of India
5- All the cases against media persons be withdrawn.
6- Release Dr. Binayak Sen
7-Scrap all draconian acts encroaching freedom of expression.
8- A congenial atmosphere of confidence building measure for freedom of expression be released.
9- Review all the cases of the detainees under TADA and PASA

Conference is organised by-
JP Centenary committee, PUCL, MSD, PRASHANT, Nirikshak, BhoomiPutra, Nayamarg, Jalseva