In a united response to the recent raids on journalists and writers associated with ‘NewsClick’, various media organizations, including the Press Club of India, have penned a letter to the Chief Justice of India, DY Chandrachud. The letter calls for the judiciary’s intervention against the oppressive use of investigative agencies targeting the media and seeks guidelines on the seizure of electronic devices belonging to journalists.
The letter, echoing sentiments from both sources, states:
“The invocation of UAPA is especially chilling. Journalism cannot be prosecuted as ‘terrorism’.”
It further emphasizes the importance of upholding the values of freedom of speech and expression enshrined in the Constitution, highlighting the growing threats journalists face in India.
On October 3, 2023, the Delhi Police’s Special Cell conducted searches at the residences of 46 individuals associated with the online news portal ‘NewsClick’. Two arrests were made under the Unlawful Activities (Prevention) Act, and several mobile phones and computers were confiscated. The letter comments on this, saying,
“Enough instances in history abound to tell us where that eventually goes.”
The media organizations have put forth three primary demands to the CJI:
Framing of Norms: The establishment of norms to prevent the arbitrary seizure of journalists’ phones and laptops. The letter mentions the Supreme Court’s ongoing examination of this issue in the case of Ram Ramaswamy & Ors. v. Union of India, WP (Cr) No. 138/2021. It emphasizes the personal and professional significance of these devices, stating,
“They have fundamentally become an extension of one’s self.”
Guidelines for Interrogation: The evolution of guidelines for the interrogation of journalists and seizures from them, ensuring they aren’t used as baseless fishing expeditions.
Accountability of State Agencies: Measures to ensure that state agencies and officers are held accountable when they overstep the law or mislead courts with ambiguous investigations against journalists for their journalistic endeavors.
The letter also cites the case of Siddique Kappan, who was detained under UAPA for over two years before being granted bail, and the tragic death of Father Stan Swamy in custody under UAPA charges.
Endorsed by numerous media organizations, the letter concludes,
“As journalists and news professionals, we are always ready and willing to cooperate with any bona fide investigation. However, ad hoc, sweeping seizures and interrogations surely cannot be considered acceptable in any democratic country, let alone one that has begun advertising itself as the ‘mother of democracy’.”
This collective call to action underscores the pressing need for safeguarding journalistic freedom in India, especially in the face of increasing challenges.
