Prosecuting journalists for possession of documents is ‘worrisome’, ‘condemnable’: Media bodies

Guild, lawyers call the second FIR on ‘document theft’ against The Hindu’s reporter by Gujarat Police a dangerous precedent for media

Updated - October 28, 2024 06:45 pm IST - NEW DELHI

Representation image only.

Representation image only.

Initiating police action against journalists for the possession of confidential documents is “worrisome” and “shocking”, media bodies said, reacting to the second case filed by the Gujarat Police against The Hindu’s correspondent in Ahmedabad, Mahesh Langa. The FIR, for the alleged “theft” of “sensitive” documents purportedly belonging to the Gujarat Maritime Board (GMB), was also criticised by senior lawyers and legal experts as a “dangerous precedent”, and one which could have a chilling effect on journalists and whistle-blowers. Meanwhile, Mr. Langa’s lawyers alleged that the FIR contained procedural “loopholes”.

“It is shocking that the mere possession of documents can be used by the state to register an FIR,” a statement issued by the Press Club of India, Indian Women’s Press Corps, and other journalist unions that “condemned” the FIR and called for it to be withdrawn, said.

“Journalists are often required to access and review sensitive documents in the course of their work, initiating punitive action against them for doing their work is worrisome,” the Editor’s Guild said in a statement on Monday, calling the decision of the Gujarat Police to make the FIR filed inaccessible online for reasons of “sensitivity” as one of “grave concern”.

Senior lawyer Indira Jaising said that the police’s actions indicated “censorship combined with the loss of liberty”. “It is disturbing that even though there is a Whistle Blowers Act, it has never been brought into use, as it would provide protection to journalists in such cases,” she told The Hindu, pointing out that only documents protected by the Official Secrets Act are forbidden to be found in one’s possession.

In the second case filed on October 8, Gandhinagar police cited various Sections of theft, criminal conspiracy, cheating, and the Prevention of Corruption Act, following a complaint by the GMB that names Mr. Langa. The GMB said it had received a confidential letter from the Crime Branch on October 8, about a 215-page document that had been found by the police.

Under the law, Section 378(2) of the erstwhile IPC defines “theft” as the “act of intending to take dishonestly any movable property out of the possession of any person without that person’s consent”, and legal experts questioned how an offence is made out in this case since photocopies of a non-secret document have been found.

“In India, where investigative journalism has exposed major scandals like the 2G spectrum scam and the Vyapam fraud, free access to authentic documents is essential for credible reporting,” senior lawyer Sidharth Agarwal said. “Given the risks they face from powerful interests, granting special protection to journalists for possessing sensitive documents would ensure their safety and encourage fearless reporting,” he added.

Meanwhile, Mr. Langa’s lawyers pointed to lapses in the procedural paperwork as well. The FIR against Mr. Langa regarding the alleged theft of documents of the GMB does not mention where the documents were recovered from, nor does the seizure memo contain the document, Mr. Langa’s counsel Vedant Rajguru told The Hindu.

In addition, the seizure memo prepared by the Ahmedabad Crime Branch after Mr. Langa’s arrest on October 8 says that the police recovered from his residence two laptops and a desktop, an iPhone, a pen drive, the tax returns of Mr. Langa and his wife, land documents pertaining to Kalol Taluka, ₹1.8 lakh, a 2022 phone directory containing phone numbers of IAS officers, and a manuscript of Christopher Jaffrelot’s book Gujarat Under Modi. The phone and laptops seized from the residence were being used by Mr. Langa’s wife and their children. Neither Mr. Langa’s personal phone nor the “secret” GMB documents are actually mentioned in the seizure memo.

Mr. Langa was originally arrested in a case accusing him of GST evasion by a family company where he is not listed as a board member. He was denied bail on Friday.

The FIR says that after an internal enquiry, the GMB believes one of its staffers could have made copies of the policy-related document pertaining to the Board’s charter and given to Mr. Langa. The FIR adds that since the document is not in the public domain and does not come under the Right to Information Act, it has been “stolen” with an intention to commit crime, and copies had been made illegally.

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