After slamming Maharashtra Chief Minister Prithviraj Chavan over attacks on journalists in the State, Press Council Chairman Justice Markandey Katju on Friday targeted the Bihar government alleging the media in this state was harassed if it wrote against the government.
Mr. Katju said the information he had gathered about the media in Bihar is “not good” and reminded the Nitish Kumar government that its alleged action against the press was a violation of the Constitution. A three-member PCI team would be sent to Bihar soon for an investigation, he added.
Mr. Katju’s statement during an interaction session at the Senate Hall in Patna University sparked instant protest by the Principal of Patna College Lalkeshwar Prasad, who left in a huff. It caused disruption in the programme for some time.
After the departure of Mr. Prasad, Mr. Katju said he was a democratic person thoroughly “and if anybody doesn’t agree to whatever I speak ... they should not try to disturb ... don’t pick up a fight with a man from Allahabad. I know how to set things right.”
At the start of his interaction, he said, “I have heard that the present government established better law and order in Bihar compared to the erstwhile rule of Lalu Prasad.
“The second thing I have heard is that there was freedom of the press during Lalu’s rule .... but press doesn’t enjoy freedom at present.”
“The information I have gathered about the media in Bihar is not good ... whatever is happening here is not good,” he added.
Mr. Katju said “whatever I have heard or come across I am narrating here ... I have not yet established my opinion at this stage fully ... but whatever information I have gathered on the basis of it I can at least say that I will get it inquired into.
He said if any reporter wrote anything against the government, ministers or officials in the state, pressure was built on the owner and the management of the media house for removing him from service or to transfer him to small towns.
On Wednesday, Justice Katju had issued a showcause notice to the Maharashtra Chief Minister and threatened to recommend dismissal of the State government to the President over attacks on journalists in the State.
“I have been told that people don’t muster courage to write against the Bihar government or its officials,” Mr. Katju said, adding any attack by the state government on the freedom of press was a violation of Section 19 of the Constitution.
“The Constitution is being violated by such people and they don’t want the Constitution to function.
“You are a government, but you are not above the Constitution ... you are below it,” he added.
Reciting a couplet of Kabir, Mr. Katju said “nindak apka mitra hai woh aapki kamiyon ko batata hai woh aapka dushman nahin hai (A critic is your friend as he points out your flaws. He is not your enemy).” I will give a similar suggestion to the Bihar government and it should adhere to it,” he said.
The former Supreme Court judge said if any newspaper or magazine wrote against anybody it should not be treated as bad and should not be made into a prestige issue.
The freedom of the press was necessary for upholding democracy, he said, adding any government should take it otherwise if the press criticised it.
Mr. Katju said whenever the PCI received complaints, it was probed as had recently happened in Madhya Pradesh. The PCI sent a team to inquire into the killing of the entire family of Chandrika Rai.
“Previously we sent a team to Maharashtra to probe decade-old cases related to attack on over 800 reporters following complaints received,” he said.
Mr. Katju also referred to the case related to alleged assault on four reporters by police in Kashmir and said he had written to the chief minister there that it would not be tolerated.
“I have also sent similar letters to CMs of Chhatisgarh and Uttar Pradesh following complaints,” he said.
Stating that the media and intellectuals should follow what their colleagues did in Europe, he said the media and intellectuals should attack communalism and superstition to promote scientific thought.
When students and teachers raised questions about paid news, Mr. Katju replied that an MLA of UP has been held guilty of such complaint and the EC had cancelled his membership following a letter written to it by the PCI.
Keywords: Markandey Katju, PCI, freedom of Press, Bihar governement





It would be interesting to hear his views on government monitoring of online comments in the media. Does that happen, would he know?
what about his own censoring of media when he wanted the electronic
media to show better than what they are showing and dictating the
terms and conditions for their programmes. He mentioned about the
"transitional phase" through which the country is passing. Same is
the case with Bihar. The state is passing through a phase where
country needs to know the best things happening in Bihar and not the
15 years of misrule and mismanagement which has given Bihar and
Bihari an identiy of being corrupt and poor. Those 15 years has
created the level of corruption and poverty because of which certain
anti-social and corrupt people still take their all wrong activities
for granted and by giving publicity to them we will make the people
of Bihar insecure everywhere in country, including Chennai...
I saw the verbal attack of Mr. Katju yesterday on TV and since
then have been finding the right forum to express my disgust on
the un-becoming manner in which the PCI chief and a retired
supreme court judge conducted themselves on the dais. He was shouting,
threatening the protesters. His
reference to Allahabad was absolutely uncalled for. It also
highlights that should a person holding higher offices of the
country make remarks which he himself says are unconfirmed. The
same thing in Supreme Court would have invited contempt
proceedings. Another aspect is what authority these office
holders have to criticize an elected government while they are
themselves appointed in a post-retirement sarkari cocoon of
opulence. The central government should take notice of these
tendencies of these retired babus and issue suitable code of
conduct. The judge should have shown more restraint controlled his temper in such matters and public
speaches.
It is better that Nitish Kumar preferred not to contradict and
question Mr. Katju on his allegations. It only shows him more level-
headed and dignified. He should continue concentrating on development
and good governance in his State undeterred by Mr. Katju's comments
who had even recommended President’s rule in Maharashtra in defense of
the media. As far as Lalu is concerned, he is now a political back
number who does not count in any power equation and even the Congress
party has forsaken him after he was rejected by his own people in the
State. Mr. Katju, having been a judge of the Supreme Court, was
expected to be more restrained in his comments. Perhaps he was not be
aware that Nitish Kumar was fast changing the face of Bihar, be it
improvement in law and order situation or infrastructure development.
Of course, there must be elements including a section of media
who were making hay while Lalu's sun was shining and are now left sore
and grumbling. It is but natural. Mr Katju would do well to evaluate
Nitish's performance in totality and not merely focus on press freedom
to the exclusion of every other good thing happening in the State.
Mr katju better concentrate on Allahabad and UP need worry about Bihar.People like you create unnecessary hurdle in develeopment of
state.I think u r lalu prasad agent.whatever u say Lalu is gone for ever he won,t return in nearly 100 yr to come.Nitish Ji doing awsome job.
I think this is a strategy of UP people to malign name of other states. First they went to Maharashtra and get a good shot from Raj thakerray and now they have come from allahabad to Bihar to disturb us.
the allegation raised against Nitish kumar led Bihar government is hundred percent true.No doubt,he has done a good work.he is a character of admire for it.But he is failure on many issues.he has not done any attempt to stop movement of fifty thousand students who go other states to get higher studies in engineering and other professional courses.no agricultural reforms are on ground due to corruption.why is big investment not done in bihar after seven years of good governance?how is the price of land and flat growing such a high rate in patna? why is gov not implemented Bandhopadhayo comitee report?etc.Media is not raising such questions.IT SHOWS MEDIA IS NOT FULLY FREE.
Media deserves praise for correctly reporting the happenings in the country, the many frauds and irregularities of the politicians and officials, crimes like murder, rape etc Harassments to the media whenever reported should be examined and the guilty punished by the GOVERNMENTAL AUTHORITIES.. However when ministers and high officials are involved , the PRESS COUNCIL has to take suitable action We have also known cases of maligning a person or organisation or religion by the media. Media should be held accountable and punished whenever they indulge in such publications
Well I firmly believe on Mr katju's concerned.As I belong to Bihar I cannot see any news paper writing any thing against govt. How ever there are cases of direct negligence by Chief Minister it self, like the numerous letter written by chief engineer at Kosi project to CMO regarding potential flood but no action taken by Chief minister which results in a horrific flood. A flood that Bihar will always remember but that letter by Chief engineer was never given any hype. The procedure for the recruitment of Teachers for middle & high schools was completely nonsense.It was an open nepotism throughout the recruitment. Mukhiyas were openly asking for a bribe of 1 lack to 2 lack but media had never given there attention to these news as if they dont know all this.
The Governance of Mr Nitish kumar is no doubt better than the previous >one, but Mr Chief Minister should not turn our media into sycophant.
Candid talks by Press council of India Chairman Mr.Katju give
challenge to who try to put difficulties in way of media for bring the
real story in front of whole India.Freedom of expression is the right
which is guaranteed by our constitution to media under section 14.So
if criticism about a person,who enjoys the power in society, is done
by media then there are chances that media persons can come under
attacks or threats.There are so many examples in past that we have
seen like highlighted in the article.But here question is that who
will provide security to Media society and their right of "Freedom of
Expression".That responsibility is of our government.I as voice of
India demands here preventive action before violence not punishing
actions after violence. So we should strictly see the solutions which
stops happening of incidents so that media society gets more
confidence for expressing itself.
DR Katju has justified his role as the chairman of the PCI, and the country needs such
stalwarts at the top to correct the wrong doers in our land. Having invited the distinguished
jurist for the seminar, the principal of the college, committed a Himalayan mistake, in
leaving the stage, when the seminar was progressing. The principal of the college has the
Right to express his views as well at seminar and this action amounted to discourtesy and
Contempt for a great position of standing. In fairness, he should apologize for the incident
for the mistake committed by him. The principal is not holding the brief for the CM of the
State, and it is for The CM of the state to reply to the allegations made by the chairman of
the PCI. THe CM of the state, will also not be in a position to reward the principal at this
Juncture, and if that is done, that also will not be proper.
Mr. Katju’s accusation of the Bihar Chief Minister is unbecoming of a person who was once a Supreme Court judge. He has chosen to publicly articulate an accusation on the basis of information he has ostensibly gathered and on which he is yet to institute any inquiry. He has not even thought it necessary to educate his audience the method by which the alleged pressure on media is being applied.
The allegation raised against Bihar Government that it is curbing freedom of press is hundred percent correct. And we are well aware of this becuase it has been occuring here since the government of NDA came into power. This is not happening only in Bihar but also in those states where BJP or its allies are ruling. I think it is the policy of BJP to keep control over media as to present orchestrated picture of their government. In states like bihar where corruption, poverty, unemployment are big issues but we find hardly any news criticising government for doing minimal in this respect. Ironically the government here highlights only those achievments that have nothing to do with masses.
Please Email the Editor