Press Council of India Chairman Justice Markandey Katju has written to Jammu & Kashmir Chief Minister Omar Abdullah stating that “the paramilitary forces and police in all States/Union Territories must…be instructed not to commit any violence on media persons, otherwise they will face criminal proceedings which the Press Council will launch against them.”
He added that he was writing to the Union Cabinet and Home Secretaries, to all Chief Ministers, to the Chief and Home Secretaries of all States, and to the Chief Secretaries of all Union Territories to the effect that “I am not going to accept violence on journalists by the police or paramilitary forces.”
In response, Mr. Abdullah said he understood the sentiment behind Mr. Katju's letter, but that the police “have never had the intention of targeting media personnel” and he regretted “the recent incident involving members of the media & the J&K police.” He proposed that “perhaps the time has come for the PCI…in consultation with states & the media fraternity” to frame “a code of conduct for the media while covering such situations.”
Emailed letters available with The Hindu show that the PCI chairman and J&K Chief Minister have been wrestling with the problem over the last week -- an unprecedented exchange that could lead to constructive measures safeguarding journalists who are increasingly exposed to risks to life and limb in several parts of the country.
Justice Katju had, in an earlier letter dated November 26 to Chief Minister Abdullah, raised the issue, citing reports in The Hindu and other newspapers about three journalists – Associated Press Television News videographer Umer Mehraj, and freelance photojournalists Yawar Kabli and Showkat Shafi – who were hospitalised after being allegedly beaten up by CRPF personnel while covering protests in Srinagar on November 25. He wanted to know what steps were being taken to ensure media freedom and safety.
“It is the duty of the Press Council under section 13 of the Press Council Act,” the PCI Chairman explained in his follow-up letter dated December 1, “to uphold the freedom of the press. A journalist while covering an incident is only doing his job. He is like a lawyer who defends his client. Just as a lawyer cannot be equated with his client, so also a journalist cannot be equated with the crowd. A lawyer may defend a murderer, but that does not make him a murderer. Similarly, a journalist is only doing his duty of conveying information to the public, and he enjoys the fundamental right of freedom of the media guaranteed by Article 19(1)(a) of the Constitution of India.”
Justice Katju said he did not accept the police version that the journalists could not be differentiated from the rest of the unruly mob of 300 to 400 youths hurling stones at the police which resulted in a lathi charge. “I am informed that the journalists had video cameras and other equipment, which clearly distinguished them from the rest of the crowd,” he wrote. “At any event, it is obvious that when a journalist is being attacked he is bound to tell the police that he is a journalist.”
Chief Minister Abdullah, in his reply, stated that “important lessons” could be learnt from the regrettable incident in Srinagar. “It is easy for us, sitting far away from the scene of the action, to suggest that the police should look for cameras to ascertain whether a person is a press person or not but in the heat of the moment with stones & tear smoke shells flying it is often impossible for the police to take the time to make a proper assessment. In the chaos I dare say a bag of stones & a camera bag would probably look quite similar. Even with the best of intentions mistakes will happen & we have to take steps to reduce the possibility of such mistakes.”
His suggestion was that “in order to avoid such situations arising again” it was not enough to just write to States and put the onus on them. In his view, “the responsibility rests on the states, the media but above all on the Press Council of India. Unlike a lot of other countries, including countries like the UK which protect the freedom of the press, there is a code of conduct for the media while covering such situations. We have no such code binding on journalists in this country. Perhaps the time has come for the PCI to frame such a code in consultation with states & the media fraternity. As a starting point may I suggest that journalists who wish to plunge in to crowds to get the perfect photograph should wear brightly coloured jackets/bibs so that they can be identified easily by the law enforcing agencies. Unless you take the initiative to make it easier to identify journalists/camera persons in such situations I'm afraid we will always run the risk of such mistakes happening again
In a follow-up e-mail later in the day, Mr. Abdullah said journalists themselves were not taking steps to protect themselves. After a similar incident last year, the State police had offered to purchase brightly coloured jackets with the word “PRESS” displayed on them, if the journalists' association would submit an appropriate design. While the association had then agreed, “since then neither the design not any other details were furnished to the police and the suggestion remained on paper,” said Mr. Abdullah's letter.
The J&K Chief Minister hoped that the PCI chairman would consider this suggestion as part of a possible code of conduct. He offered to have his senior police officers share the details with Mr. Katju, and looked forward to a meeting with him to discuss this and other related issues.
Keywords: attack on journalists, Jammu & Kashmir media freedom, J&K police, PCI, CRPF personnel, Article 19(1)(a), freedom of the press, Omar-Katju letters
there is definitively a need a strong code of conduct: the idea of bright colored clothes is a good applicable one. A dress for all press people; let them also use stars on those dresses if they want to maintain their seniority standards. at least it will save their lives.
At last press council of India has made it for journos who are always looked suspiciously by the public. due to lack of proper knowledge about the working conditions of scribes they are always blamed for the act which is not of theirs even. despite sincerity and honesty and promptness they are looked down upon as they lack due facilities. In today's world only limited media organisations has the equipments to cope up with the recent problems existing in the society. But the others who lack security and protection , facility are looked down upon. In which makes scribes to take hasty decisions. looking in to all these problems PCI chairman Katju's decision to bring a code of conduct for the scribes will give them a boosting energy to form a healthy India and construct Strong India for future despite many obligations.
Really it is appreciable even now, Mr.Justice Katju came forward to protect the journalists in a systematic manner. This exercise shall be continued till the end of the solution. We congratulate Mr.Justice Katju and appreciate the initiave taken by Mr.Obdullah.
The subject has been gone in to thoroughly by both sides.The suggestion for the code of conduct for the journalists is a very matured thought.The PCI, I hope will not hesitate to bring it in to practice,so that a lot of mistrust and misunderstanding can be obviated.An area where the electronic media can make amends is in the tone,tenor and emotion that is aggressively employed while reporting news.Besides,reporting before learning correct facts and speculative reporting should be avoided even if the chance to be the first to break news may be lost.People are interested to get the correct news rather than getting an incorrect news early.Likewise, it should be borne in mind all the time that when an accident or incident occurs the first people who should get the message is the officials concerned who are required to organize and act immediately for remedy, then the volunteers.The general public is only secondary in priority.
In the land of Jaleel Andrabi, there is no code of conduct. There is only one code, "Code of Army".
It is really heartening to see such healthy exchange of words in the present scenario - where most of the news we read are about accusing each other vehemently. The PCI chairman has raised his finger with stern voice and more than that the reply of Mr Umar is very appealing, sensible, appreciative and mature. Any person who reads this article without any bias of any kind will surely appreciate the contents of their email exchanges. Neither did Mr Katju accuse Omar nor did Omar object bluntly regarding the happening. Surely, it is high time that code of conduct is prepared on top top priority basis for the journalists as well as for the electronic media and I feel Mr Katju is the best person to take the necessary steps, giving it good shape and finalizing it. I wish and request that all print media should publish such healthy articles as main news with bold headlines.
Limits of freedom.
My freedom ends where your nose begins is well accepted and not questionable anymore. People have freedom to speak or not to speak. If journalists request officials to speak and if the officials do not want to speak, it should end with that. But what generally happens that the officials are continuously pestered and in the heat of the moment if the officials state anything it will be reported as arrogance. Is it not clear that journalists are at fault here?
The journalists should keep a safe distance from the crowd that pelts stone and not be within such a crowd. Police are first humans and they are not Gods, they have their own pent up anger and sorrow. Constables do not have weekly off, most of the times they are denied leave, live in near inhuman conditions, get low salary, abused by one and all, and they are away from family for long and so on. When stones are hurled against them, they have to act instantly and have no time to identify journalists.
I believe in what Omar Abdullah has said. It is right to have a code of conduct for journalists covering riots and in other tense areas. He is talking like a matured person. If indeed there is no code of conduct now, I think it is high time that one is put in place.
The press has its own respsonsibilities even as they enjoy the freedom given to them under the Constitution. They should clearly be identifiable in a mob situation. The dialogue that has emerged between Omar Abdullah and Justice Katju should lead to solutions for the benefit of journalists. One has to congratulate Justice Katju for taking up the cudgels on behalf of journalists. I would also exhort Justice Katju to put in place a procedure where a journalist who has been violated when conducting his duty has recourse to legal measures and arbitration measures as a matter of practice. The freedom of the press cannot be tampered with nor violated. Every such incident that goes unpunished emboldens forces that oppose the freedom of the press. If the press is going about its duties in a professional manner and observing their code of conduct they cannot be mistreated or attacked. I am sure Justice Katju will set out a process that will tackle each such incident with the might of the law !
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