'National security above press freedom'

By J. Venkatesan

NEW DELHI, NOV. 6. The Law Commission has reiterated its earlier stand that a stringent terrorism law with necessary safeguards against its misuse is essential to effectively deal with cross- border terrorism.

According to Commission sources, the act of terrorism by its very nature generates terror and a fear psychosis among the people, who are afraid to render any assistance to the police in furnishing information about terrorists.

Referring to a provision in the Prevention of Terrorism Ordinance (POTO) that any person (which also includes journalists) is bound to furnish information on terrorists to the police, the sources citing the Commission's report on terrorism law released last year, feel that such a provision is necessary.

In its report, the Commission said ``it is difficult to get any witnesses because people are afraid of their own safety and safety of their families'' and hence placing an obligation upon persons receiving or in possession of information as to any terrorist activity to inform the police as soon as practicable. The Commission is of the view that ``incorporation of such a provision does not mean that any or every person not giving information would necessarily be punished''.

Referring the criticism from the media that this provision is inconsistent with the freedom of press, the Commission noted that in India, freedom of press ``flows from Article 19 (1)(a) of the Constitution and it has been repeatedly held by the Supreme Court that rights and privileges of the press are no greater than that of any of the citizens of India''. The Commission noted that even in the U.K. and the U.S., no immunity in favour of journalists/press is recognised. It cited a U.S. Supreme Court ruling, according to which guarantee of freedom of the press, does not immunise the press to render assistance to the investigation of crimes which obligation lies on every citizen.

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Section  : National
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