Press Council of India S.No. 1 F.No.13/227/15-16-PCI Suo-Motu

Press Council of India

S.No. 1 F.No.13/227/15-16-PCI

Suo-motu cognizance with regard to stoppage of Advertisements of J&K based newspapers by the DAVP

Adjudication dated 15.11.2018 Facts: Shri Prakash Dubey, Former Member, Press Council of India vide his e-mail dated 11.3.2016 forwarded an e-mail dated 11.3.2016 of Shri Fayaz Kaloo, Editor, Kashmir Uzma and Greater Kashmir regarding stoppage of advertisement to Greater Kashmir, English daily and Kashmir Uzma, Urdu daily by the DAVP empanelment authority without citing any reason. He further stated that earlier in 2008 though for a short period of time and again in 2010 to 2013, the release of advertisements through DAVP were stopped and only with the intervention of State Government, release of advertisement were restored. Shri Kaloo vide his letter dated 9.4.2016 addressed to Hon’ble Chairman while reiterating his plight submitted that their editorial policy has been to provide space to spectrum of views ranging from political opinion to common man’s view. He requested the Council to intervene in the matter so that embargo on his papers is lifted.

Reply from DAVP A letter dated 1.4.2016 followed by a reminder dated 4.5.2016 was issued to Director General, DAVP for filing his report in the matter. In response thereto, the Additional Director General of DAVP has filed letter dated 13.7.2016.

Reply from Ministry of I&B Shri R.C. Joshi, Director, Govt. of India, Ministry of I&B vide his letter dated 2.2.2017 has informed the Council that the explanation of DAVP was conveyed to the Hon’ble Chairman, PCI vide DAVP letter No. 11/0173/15-16-MR&C dated 13.7.2016. DAVP has nothing further to add, hence Hon’ble PCI may decide accordingly. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 24.9.2018 at New Delhi. Smt. Meghna Bhatia, Business Head and Shri Javaid Jalib, Bureau Chief appeared on behalf of the Editor- in-Chief. Shri R.C. Joshi, Addl. DG and Shri B.P. Meena, Media Executive appeared on behalf of DAVP. In the facts of the present case, the Inquiry Committee is not inclined to proceed in the matter. However, it gives liberty to the “Greater Kashmir” or for that matter any other newspaper to file complaint giving detailed facts. With the aforesaid observation, the Inquiry Committee drops the proceedings. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to drops the proceeding with observations.

Press Council of India S.No. 2 File No. 13/236/16-17-PCI Complainant Respondent

Shri Muhammad Karimullah, Vs. The Chief Secretary, Bureau Chief, Government of Bihar, Farooqi Tanzim, Urdu Daily, Patna, Bihar Madhubani, Bihar The Secretary, Home (Police) Department, Government of Bihar, Patna, Bihar

The Director General of Police, Bihar Police, Patna, Bihar

The District Collector, Madhubani, Bihar.

The Station House Officer, Sadar Thana Nagar, Madhubani, Bihar.

Superintendent of Police, Madhubani, Bihar.

Shri Muhammad Sameeur Rehman, Kotwali Chowk, Ward No. 30, Bhoada, Madhubani, Bihar.

Adjudication dated 15.11.2018 This complaint dated 22.02.2017 has been filed by Shri Muhammad Karimullah, Bureau Chief, Farooqi Tanzim, Urdu Daily, Bihar against Shri Muhammad Sameeur Rehman, Madhubani for allegedly carrying fatal attack on him. The complainant has stated that the respondent has criminal tendency and many criminal cases are registered against him. The complainant submitted that in his paper’s edition dated 17.10.2014, he has published news against the respondent pertaining to fatal attack on a person. Exasperated by the impugned news item, the respondent threatened to shut his newspaper. The respondent also attempted extortion by asking for Rs. 5000/- from him which complainant refused to give. The respondent consequently, on 22.01.2017 carried out a fatal attack on him leading to serious head injuries. The complainant has further informed that he has filed a case against the respondent in police station and on 18.02.2017. The complainant has alleged the respondent has asked him to stop reporting otherwise he and his family would be killed. The complainant requested the Council to take stringent action against the respondent. Notices for Statement in Reply was sent to the respondents on 18.04.2017. Statement in Reply The District Magistrate, Madhubani vide letter dated 03.05.2017 addressed to Superintendent of Police, Madhubani a copy endorsed to the Council while referring case no. 14/2017 registered on 22.01.2017 by the complainant has requested to ensure safety of the complainant by providing requisite security measures. The District Magistrate has further asked Superintendent of Police, Madhubani to file requisite reply before the Press Council of India on the matter after taking necessary action. A copy of Written Statement has been sent to the complainant on 09.06.2017.

Communication dated 7.10.2017, 9.10.2017 and 17.10.2017 received from the respondent Shri Mohammad Sameeur Rehman, Madhubani The respondent, Shri Rehman vide letter dated 7.10.2017 has informed the Council that the complainant Shri Karimullha is his maternal uncle in relation and he had lent Rs. 25000/- to the complainant for his daughter’s marriage. Later for the settlement of money, an argument took place and the complainant filed a case (14/2017) against him. Subsequently, the respondent also filed a case 15/2017 against the complainant. He has further submitted that at present he is on bail in the case filed by the complainant. Shri Rehman vide his another letter dated 9.10.2017 has submitted that the complainant is in the habit of taking money from the people and does not return the same. The respondent submitted that the complainant threatens people in the garb of journalism and all his statement before the Press Council of India are false and baseless. He has requested the Council to dismiss the matter. The respondent vide communication dated 17.10.2017, while giving reference of earlier letters dated 7.10.2017 and 9.10.2017 has submitted that the matter does not belong to the Press as the complainant is his maternal uncle and this completely a family dispute. He has further requested the Council to dismiss the matter. A copy of this communication has been forwarded to the complainant vide Council letter dated 12.12.2017.

Communication from the complainant The complainant, Mohd. Karimullaha filed a letter dated 3.10.2017 along with set of enclosures at the time of hearing held on 3.10.2017 at New Delhi. The complainant has reiterated his complaint and enclosed copies of FIR in support of his case. The complainant submitted that the respondent is of criminal nature. On 22.01.2017, the respondent attacked him leading to serious head injuries. He has further informed that he has filed a case against the respondent in police station and on 18.02.2017. The Police have registered cases Under Sections 341/323/384/504/506 and the matter is under investigation. The complainant has also enclosed a copy of letter by which the Under Secretary, Governor of Bihar has requested the Superintendent of Police, Madhubani to investigate the matter. A copy of the said communication has been forwarded to the respondents vide Council’s letter dated 12.12.2017.

Report from District Magistrate: The District Magistrate, Madhubani, Bihar vide letter dated 4.10.2017 has forwarded a report of Superintendent of Police informing that the cases registered against the respondent Mohd. Samior Rehman under Sections 341/323/384/504/506 are found to be true. The complaint letter No. 170/2017 dated 25.5.2017 against Mr. Rehman has been produced in the Court and the matter is under investigation. A copy of aforesaid letter has been forwarded to the complainant and also to the respondent vide Council’s letter dated 12.12.2017 Report from Inspector General of Police, Patna The Inspector General of Police (Provision), Patna, Bihar, vide letter dated 11.12.2017 has informed that the matter, wherein Mohd. Karimulla (complainant) filed a complaint against Mohd. S. Rehman for hitting him with iron rod and also for extorting Rs. 5000/-, has been investigated by the Superintendent of Police, Madhubani, under Sections 341/323/307/384/504 and 506. He has further submitted that all the allegations against the respondent (Mohd. S. Rehman) under these sections are found to be true and a charge sheet dated 25.5.2017 No. 170/2017 has been filed. The City Police has sent a report dated 3.5.2017 (No. 33/17) in this regard to the Sub Division Officer, Sadar Madhubani, to take action under Section 107. A copy of the report received from the IGP, Patna, was forwarded to the complainant on 12.1.2018. Communication from the respondent The respondent, Shri S. Rehman vide letter dated 18.9.2018 has reiterated his statement and submitted that the complainant is his maternal uncle he had just asked him to return his money. He has further submitted that he is unable to walk and doctor has advised him to rest 4-5 months. He has further requested the Council to acquit him from the present matter.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 24.9.2018 at New Delhi followed by an adjournment dated 4.10.2017. Mohd. Karimullaha, complainant appeared in person. Shri Rajiv Singh Dy. S.P. (HQ) Madhubani Bihar represented the respondent. The Inquiry Committee has heard the complainant and Mr. Rajeev Singh, Deputy Superintendent of Police, Madhubani on behalf of the Superintendent of Police, Madhubani. It is the allegation of the complainant that for publication of adverse news against respondent, Muhammad Sameeur Rehman, he was brutally assaulted. The Superintendent of Police has submitted its report in which he has stated that the Police after investigation has found the allegation true and submitted the chargesheet and the matter is pending for trial before the court. In the report, it has further been stated that for maintenance of peace, proceeding under Section 107 of the Code of Criminal Procedure has been initiated. In view of the aforesaid, the Inquiry Committee is not inclined to proceed in the matter and recommends for disposal of the complaint.

Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dispose of the complaint.

Press Council of India S.No. 3 F.No.13/163/17-18-PCI. Suo-motu cognizance with regard to restriction on media from entering government office in Uttarakhand Adjudication dated 15.11.2018 Facts A former Member, Press Council of India vide his email dated 5.1.2018 furnished a copy of the news clipping under the caption “Uttarakhand Government bars media from its offices cites information leak”. It was reported in the news item that “Citing ‘LEAKS’ of ‘confidential information’, the Uttarakhand government has barred entry of unauthorised persons/reporters into government offices. Uttarakhand Chief Secretary, Shri Utpal Kumar Singh issued a three page order on 27.12.2017 stating that –Entry of unauthorised persons/reporters to the sections/offices of government must be completely prohibited. The order specifically mentioned that the agenda of Cabinet meetings has been leaked to the media in the past. Publishing of the issues/proposals meant for the cabinet prior to the cabinet meeting is absolutely unfortunate and objectionable. It affects the decision to be taken by the cabinet…The cabinet expressed regret and objection towards the disregard (by government officials) of instructions already in place…Addressing the media on Thursday, Sh. Singh said, ‘we want to give you (the media) authentic information (especially regarding Cabinet meetings) in an orderly fashion, the process of which is underway. We don’t want you to work unnecessarily (to fetch information from government departments)’ ”. While taking suo-motu cognizance of the matter, a report on facts of the case was called for from the Government of Uttarakhand on 5.1.2018.

Reply of Govt. of Uttarakhand Shri Uttpal Kumar Singh, Chief Secretary to Government of Uttarakhand, Dehradun vide his reply dated 30.1.2018 while denying the allegation has informed that no restriction was imposed by the Government on media entering the Secretariat and government departments. He has further informed that as per order dated 27.12.2017, only unauthorised persons/journalists were restricted from entering in the Secretariat’s offices under Section 69 of Secretariat Manual, so that office work and secrecy could be maintained without any hurdle. He has also informed that the press passes are issued to the media/journalists by the Government and on that basis the news/information are being collected by them. According to him, a modern media centre has been established in the Secretariat and day to day information is being provided to the media through the Director General Information. He further informed that to avoid the misunderstanding and to clarify the position, a press conference was conducted by him on 4.1.2018. He alleged that the news items published in this regard were false and misleading. He has also provided news clippings in support of his statement.

Communication dated 15.9.2018 received from Director General, Uttarakhand Shri Dipendra Kumar Chaudhary, Director General, I&PRD, Govt. of Uttarakhand vide letter dated 15.9.2018 has informed the Council that the PCI has already been apprised about the facts of the case vide letter dated 12.2.2018 and further clarified that the Govt. of Uttarakhand has not restricted media from entering Secretariat or Govt. offices. He has further submitted that the Govt. of Uttarakhand has provided “Secretariat Entry Card” to 108 Press Representatives in the year 2018. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 24.9.2018 at New Delhi. Shri Manoj Srivastva, Assistant Director, Information Government of Uttarakhand appeared before the Inquiry Committee. On the basis of the information provided by an erstwhile member of the Council that journalist are not being allowed in the offices of the Government of Uttarakhand for collection of news, the Council took suo-motu cognizance and called for report from the Chief Secretary. The Chief Secretary has submitted its report and stated that there is no restriction imposed by the Govt. on media entering the Secretariat and the Government Departments. In view of the aforesaid, the Inquiry Committee drops the proceedings in the matter. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to drops the proceedings in the matter.

Press Council of India S.No. 4 File No.13/136/17-18-PCI.

Complainant Respondents

Shri Surendra Kumar Gupta, The Chief Secretary, Editor, Government of U.P., Clue Times, Hindi weekly, Lucknow (U.P.) Ghaziabad (U.P.).

The Secretary, Home (Police) Department, Government of U.P., Lucknow (U.P.).

The Director General of Police, U.P. Police, Lucknow (U.P.)

The Sr. Superintendent of Police, Ghaziabad (U.P.)

The Station House Officer, Police Station-Modinagar, Ghaziabad (U.P.).

Adjudication dated 15.11.2018 Facts This complaint dated 26.10.2017 has been filed by Shri Surendra Kumar Gupta, Editor, Clue Times, Hindi weekly, Ghaziabad (U.P.) against the police authorities for alleged negligence of duty. According to the complainant, he is Editor of Clue Times and his wife is an Editor of U.P. Dot Com newspaper. On September, 2017, one Shri Harendra Singh (Ex- Councillor) of his locality, came to him and pressurised him to publish advertisements in the newspaper and to also prepare hoarding boards at free of cost. The complainant alleged that on refusing, Shri Harendra misbehaved and threatened to kill him. The complainant further alleged that on 11.10.2017, Shri Harendra Singh along with his 20-25 associates intimidated him. The complainant gave an application to the Superintendent of Police, Ghaziabad and SHO, Police Station-Modinagar, Ghaziabad for filing an FIR but no action was taken by the police. The complainant submitted that he published the said application in his wife’s newspaper U.P. Dot Com newspaper. Annoyed with this, Shri Harendra along with his associates came again to his home on 24.10.2017 and threatened him. The complainant vide his letter dated 28.12.2017 alleged that the police registered a case against him under Section 151-107/116 Cr.PC on 23.11.2017 under a conspiracy. While apprehending danger to his and his family life, the complainant has requested the Council to take necessary action in the matter. Notices for Statement in Reply were issued to the respondents on 5.12.2017.

Written Statement of Sr. Superintendent of Police, Ghaziabad The Sr. Superintendent of Police, Ghaziabad vide his written statement dated 2.1.2018 has informed that the complainant was trying to build a slab on the front of his house but the same was stopped by the people of locality with the help of Shri Harendra. The complainant, thereafter, tried to pressurise Shri Harendra for his support but the same was declined by Shri Harendra Singh due to which there is an animosity between them. The respondent further states that the complainant started filing false complaints against Shri Harendra with a view to pressurise him but after investigation no cause of action was found by the police. According to the Police Report, the complainant and Shri Harendra were contesting Municipal Council election and with a view to maintain law and order in the area, a case under Section 151 CCP was registered and both the accused were arrested. After investigation a Chalan Report was produced against the both under Section 151/107/116 CCP. A complaint dated 17.10.2017 was investigated by the Sub-Inspector, Shri Dharmendra Gautam but allegation could not be proved during investigation. The matter is related to personal dispute between the complainant and Shri Harendra Singh and the complainant has unnecessarily linked it with the freedom of press. A copy of the written statement was forwarded to the complainant on 5.3.2018. Counter Comments of Complainant The complainant vide his counter comments dated 19.3.2018 while reiterating his complaint has alleged that the written statement of the Sr. Superintendent of Police, Ghaziabad is totally false, misleading, baseless and fabricated. The complainant further alleged that he has given written complaints to the Sr. Superintendent of Police, Ghaziabad and the SHO, Police Station Modinagar but no report has been filed by them. The complainant also alleged that the police illegally arrested him on false allegations. A copy of the counter comments was forwarded to the respondent-Govt. of U.P. on 23.3.2018. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 25.9.2018 at New Delhi. The complainant, Shri Surender Kumar Gupta, Editor appeared in person. Shri A.K. Maurya, Superintendent of Police (Rural Area), Ghaziabad represented the respondent police authorities. The Inquiry Committee has heard the complainant and the Superintendent of Police (Rural), Ghaziabad. The allegation made by the complainant has nothing to do with the freedom of press. The Inquiry Committee, accordingly, recommends for dismissal of the complaint. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dismiss the complaint.

Press Council of India

S.No. 5 F.No.13/247/16-17-PCI.

Suo-motu cognizance with regard to police assault on photo journalists in Srinagar on 16.3.2017.

Adjudication dated 15.11.2018

Facts Some Former Members of the Press Council of India vide email dated 17.3.2017 have informed the Council that the Srinagar police have thrashed and threatened to kill the photo- journalists in Srinagar during news coverage on 16.3.2017. They have further informed that as per information and reports in the newspapers, the senior photo-journalists S/Sh. Tauseef Mustafa, Mubashir Khan of Greater Kashmir, Shri Farooq Javed Khan of EPA, Shri Shauib Masoodi of Indian Express and Umar Sheikh of Times Now were injured in the attack. They have alleged that the police attacked press photographers in a pre-meditated manner. One of the officers who participated in the attack threatened to shoot them down. They have stated that this is a direct attack on the freedom of press and has requested for taking suo-motu cognizance of the matter. While taking suo-motu cognizance of the matter, a Report on facts of the incident along with Reply Statement was called for from the Government of Jammu & Kashmir on 20.3.2017. The Kashmir Press Photographer Association was also requested on 21.3.2017 to provide detailed report on the incident with such other documents/submissions as the Association as well as the concerned journalists as deem relevant. In the meantime, Shri S.N. Sinha, Former Member, PCI vide his email dated 17.3.2017 has forwarded message of the Kashmir Press Photographers Association (KPPA) wherein the General Secretary of KPPA informed that a group of photo journalists/journalists had on 16.3.2017 gone to cover the joint press conference of Hurriyat leader, Syed Ali Geelani’s residence on the outskirts of Srinagar. The police official deployed there stopped them at the Airport Road and forbade them from going inside the lane of Geelani’s residence and all the journalists/photo journalists abided. After sometime the three Hurriyat leaders came out to address mediapersons at the Airport Road and when the photo journalists saw them approaching and being bundled by policemen into a police vehicle, they tried to capture the images on their cameras. He has further informed that the Duty Officer of the Humhama Police Station assaulted one of senior photo journalists of Kashmir, Shri Tauseef Mustafa of the Agence France Press (AFP). The other photo journalists S/Shri Farooq Javed Khan of European Photo Agency (EPA), Shuaib Masoodi of The Indian Express, Imran Nisar of the Wold News, Mubashir Khan of Greater Kashmir and videographer of Times Now, Umar Sheikh captured the assault on their cameras. He has also informed that the Duty Officer besides assaulting Mustafa also abused and threatened him saying he was from the Special Operations Group of Police. According to him, earlier, the Duty Officer also held another photo journalist, Shri. Imran Nisar by his throat and let him go only after other photo journalists and journalists intervened. He has further informed that while Shri. Mustafa was being assaulted by the Duty Officer, another policeman tried to ram a vehicle into a group of journalists and photo-journalists standing on the spot and while others managed to save themselves, the vehicle ran over the foot of Shri. Mubashir Khan, photo journalist of Greater Kashmir.

A Communication from Sr. Superintendent of Police, Srinagar Giving reference to the Council’s Notice for Reply Statement dated 20.3.2017, Shri Imtiaz Ismail, IPS, Sr. Superintendent of Police, Srinagar had addressed a letter dated 29.3.2017 to the Deputy Inspector General of Police, Central Kashmir Range, Srinagar intimating him that the alleged occurrence has taken place with the jurisdiction of the District Police Budgam, therefore, the matter cannot be replied. He has requested the DIG to direct the District Police Budgam to look into the matter. A copy of the said communication was endorsed among others to the Press Council for information. Accordingly, a Notice for Reply Statement was also issued to the Superintendent of Police, District Police Office, Budgam on 20.4.2017.

A communication from Dy. IGP, Srinagar Giving reference to Council’s letter dated 20.3.2017, Dy. Inspector General of Police, Central Kashmir Range, Srinagar has addressed a letter dated 1.4.2017 to the Sr. Superintendent of Police, Budgaum for filing the requisite report/reply on the issue to concerned quarters immediately. A copy of the same has been endorsed to the PCI for information. No substantiate reply was received from either side.

Response from Govt. of Jammu & Kashmir, Home Department A letter dated 16.6.2017 received from Shri Mushtaq Ahmad, KAS, Deputy Secretary of the Government, Home Department, Govt of Jammu & Kashmir forwarding therewith a copy of the report dated 12.6.2017 filed by Shri Kulbir Singh, AIG(CIV), For Director General of Police, J&K, Srinagar. It is submitted that on 16.3.2017, I/C Police post Humhana along with escort party was deployed at Rehmatabad, Hyderpora in connection with Law and Order duties and for ensuring the imposition of necessary restrictions U/S 144 Cr.PC ordered by the District Magistrate Srinagar. In the meantime, a group of miscreants including some media persons appeared on the spot and tried to enter the residence of Shri Syed Ali Shah Geelani. They were asked to stop but they did not, and turned in violent mob, defied the restriction order, attacked the Police party and prevented/deterred them from performing their legitimate duties. Accordingly, case FIR No. 50/2017, U/S 147, 148 188, 353 IPC was registered in P/S Badgaon and the investigation was set into motion. During course of investigation, I.O. visited the place of occurrence, prepared a site plan and recorded the statements of witnesses. One of the accused has been identified as Tawseef Mustafa who among others defiled the restriction order and also thrashed one Constable namely Nazir Ahmad No. 208/BD. As per the investigation, Offences U/S 147, 148, 188, 153, IPC have been established against the said accused person and others. Although the accused persons have not been arrested yet, however investigation of the case is in process.

Response from DGP J&K, Srinagar Shri Kulbir Singh, AIG(CIV) For Director General of Police, J&K, Srinagar, vide inquiry report dated 21.10.2017 has informed the Council that the inquiry officer has summoned the Police officer deployed on duty that day and five journalists to record their statements. As per the statements of Police officers it has come out that in pursuance to the Order of District Magistrate Srinagar restriction U/S 144 CrPC were imposed around the residence of Syed Ali Shah Geelani. Hurriyat leaders including Syed Ali Shah Geelani announced for a joint Press conference on 16.3.2017 in contravention of Orders of District Magistrate, Srinagar and without obtaining any permission from the competent authority. Some persons including journalists gathered on the spot. However, the lane leading to the residence of Syed Geelani, where the Hurriyat leaders had to address a joint conference, was already barricaded by way of laying concertina wire at the entry point and no person was allowed to proceed beyond in compliance to the order of District Magistrate, Srinagar. In between, Mr. Tausif Mustafa along with other journalists tried to proceed towards Hurriyat leaders and paid no heed to the frequent request of the Police officer. In order to stop him from proceeding the officer pushed him only to keep him away from the Police vehicle in which Syed Geelani and others were asked to board by the Police. They used abusive and derogatory language against the Police Officers. In statement of the journalists it has come out that a Sikh officer caught the journalist Mr. Tausif Mustafa by holding his neck and dragged him while he was trying to capture the images. It is further submitted that the investigation of case FIR No. 50/2017 U/S 147, 148, 188, 353 RPC registered against persons for violating the Order of the District Magistrate and restraining the Police in performing their duties is under investigation and shall be concluded on merits. A copy of the inquiry report has been forwarded to the parties vide Council’s letter dated 12.12.2017.

Further Response from DGP J&K, Srinagar Shri Kulbir Singh, AIG (CIV) For Director General of Police, J&K vide letter dated 17.3.2018 has informed the Council that in pursuance of FIR registered in the instant matter, site plan has been prepared by the Investigating Officer and also recorded statement of some witnesses. However, arrest of the identified accused person namely Tauseef Mustafa is awaited while as other accused persons involved in the commission of Crime are yet to be identified. After identification/arrest of involved accused persons further course of action will be taken accordingly. A copy of the report has been forwarded to the parties vide Council’s letter dated 10.4.2017

Report dated 22.9.2018 received from Joint Director Prosecution, Office of DGP, J&K Shri Gowhar Hussain Mir, Joint Director Prosecution, for Director General of Police has filed a report dated 22.9.2018 whereby he while reiterating the earlier report filed by the Govt. of J&K has submitted that during the course of investigation, I.O. visited the place of occurrence, prepared site plan & also recorded statements of witnesses U/S 161 CrPc who were acquainted with the facts of the case. However, investigation of the case is still going on.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 25.9.2018 at New Delhi. Shri K. Amarnath, Former Member of PCI appeared in support of the journalist. Mohd. Wajahat Jamil, Senior Prosecuting Officer represented the respondent Police authority. The Inquiry Committee is prima facie of the opinion that the journalist, Shri Tauseef Mustafa was in fact doing his legitimate journalistic duty and on account thereof he has been framed as an accused in a criminal case. In the facts and circumstances of the case, the Inquiry Committee directs the competent authority to conclude the investigation within four weeks and also consider as to whether prosecuting a journalist for carrying out legitimate journalistic activity is just and proper. With the aforesaid directions, the Inquiry Committee disposes of the complaint and drops the proceedings.

Press Council of India S.No. 6 File No.13/255/16-17-PCI.

Complainant Respondents

Shri Mir Farook Ali, The Chief Secretary, Editor-in-Chief, Government of Telangana, Adsah Daily (Urdu), Hyderabad. Secunderabad (Telangana).

The Commissioner, Information & Public Relations Department, Government of Telangana, Hyderabad.

Adjudication dated 15.11.2018 Facts This complaint dated 15.3.2017 has been filed by Shri Mir Farook Ali, Editor-in- Chief, Adsah Daily (Urdu), Secunderabad against the Information & Public Relations Department, Government of Telangana for non-renewal of (i) empanelment, (ii) categorization and fixations of rates and (iii) non-up gradation of his paper from small to big newspaper. According to the complainant, I&PRD vide order dated 19.9.2016 placed his newspaper to lower category i.e. from “C” to “D”, and also slashed the rates for the advertisements. The complainant has further submitted that earlier he was getting Rs.118/- per column centimetre but after revision he only gets Rs.25/- per sq.cm. The complainant has alleged that this lowering category of his Urdu daily has been done arbitrarily without any Notice to him which is illegal, ultra vires and void. The complainant has stated that the revision of the advertisement rates has been done belatedly after a period of 5 years and 8 months and the minimum difference in the rates of a big newspaper and a “D” category newspaper is almost 500%. The complainant has submitted that he gave representation dated 4.11.2016 to the Commissioner, I&PRD apprising him of the facts and circumstances and requested him for the relaxation of certain parameters and to include his newspaper in a big newspaper. The respondent department has revised an order of lower gradation which is valid for a period of three years and will make it difficult and unviable for paper’s functioning. The complainant further submitted that he submitted a representation dated 7.11.2016 to the Hon’ble Deputy Chief Minister & Minister for Education, Govt. of Telanagana requesting for issuing directions to the Commissioner, I& PRD for the redressal of his grievance. In response thereto, the Private Secretary to the Hon’ble Deputy Chief Minister vide note dated 19.12.2016 forwarded his representation to the Commissioner, I&PRD for necessary action but to no avail. According to the complainant, his newspaper belongs to the minority community, which needs the support and encouragement of the Government. He further submitted that his paper has maintained news contents, standards and successfully struggled and survived for 11 years with accreditation and his own printing press for future expansion and up-gradation. He has requested the Council to intervene in the matter and issue suitable directions to the Commissioner, I&PRD, Hyderabad. Notices for Comments were issued to the Chief Secretary, Government of Telangana and the Commissioner, Information & Public Relations Department, Government of Telangana, Hyderabad on 30.3.2017.

Written statement In response, to the Notice for Comments dated 30.3.2017, the Commissioner, Information and Public Relations Department, Hyderabad vide letter dated 9.5.2017 submitted that after the formation of Telangana, taking into account the ground realities, fresh empanelment of Small Newspapers and rate fixation have been taken up by the Information & Public Relations Department, for issue of Advertisements in a proper and systematic manner. Before that, the empanelment of newspapers in the state of Andhra Pradesh was continued. For this purpose a Notification was issued by calling applications from the fresh and existing empanelled newspapers in the month of April, 2016. After receiving of applications from small newspapers and process was undertaken based on the following terms and conditions for empanelment and fixation of rate: 1. The paper should invariably possess registration number allotted by Registrar of Newspapers for India. 2. Empanelment should shall be allowed 18 (eighteen) months from the date of RNI Certificate. 3. The paper should invariably have a regularity of (18) months publication without any interruption and continuity of publication. 4. Circulation shall not be less than, 5,000 copies per day. 5. Chartered Accountant’s Certificate in support of circulation should be furnished by the newspaper concerned (in case ABC or IRS figures not available). 6. Postal, Printer and Publisher certificate should be furnished. 7. The size of the newspaper should be 7 standard columns with 45cm. Length I crown size with minimum (4) pages or Tabloid from with (8) pages. 8. The contents of the newspapers shall include news emanating from the Government and its Departments on social, political, economic, developments and other matters of public interest & Public importance. The newspaper should contain 50% news out of the total print area, such as articles, reports, editorial current news but not fiction. 9. A daily newspaper shall be published not less than (six) 6 days in a week. 10. Enclose balance sheet for last (2) financial years (2013-14, 2014-15) 11. Enclose Bank statement for last one year. b) Enclose copies of RNI returns for (2014-15 & 2015-16).

The newspapers which have fulfilled the above terms and conditions were examined & scrutinized by the committee constituted by the Information and Public Relations Department consisting of senior officers. On the basis of committee recommendations newspaper category and fixation of rates were finalized. The small newspapers are categorized as A, B, C & D based on quality of infrastructure, number of pages, regularity of publication and content. Adsah Daily has also applied for empanelment. Based on the paper regularity, number of pages published, news content and other documents submitted by the Adsah, the Committee has decided to award the category ‘D’ to Adsah daily. The category ‘D’ rate slab is Rs.10 – Rs.25 for sq.cm. Adsah rate fixation is given at Rs.25 per sq.cm., which is maximum in category ‘D’. Hence, the Department has committed no error in awarding ‘D’ category to Adsah Urdu daily and fixing rate at 25/- per sq. cm. A copy of the written statement was forwarded to the complainant on 6.7.2017 for counter comments.

Counter comments In response, the complainant vide counter comments dated 02.08.2017 submitted that the lower revision in the category of Adsah Urdu Daily, has been done arbitrarily without any notice which is consequently illegal, ultra vires and void. The newspaper which identifies itself with the minority community needs the support and encouragement of the Government as it is unviable, however, it has maintained news content, standards and successfully struggled and survived for 11 years with accreditation. Representations were submitted earlier to the Hon’ble Commissioner apprising him of the facts and circumstances and requesting for the relaxation of certain parameters and declaring it as a big newspaper. Meanwhile, this present lower gradation which is valid for a period of three years will make it difficult and unviable for its functioning. He alleged that the recommendations of the Committee are illogical, perverse conclusions and suffer from patent error on the face of the record. The terms and conditions stipulated by the Department have been fulfilled by Adsah Daily, consequently placing it in a new lower ‘D category with a lower rate fixation without up gradation as a big newspaper, on the grounds of fallacies and legal fiction, where infirmity is conceivably manifest, cannot be permitted to continue for another three years as it has already suffered for the past six years without any revision. There should be a bonafide exercise of power by the Department in order to prevent an abuse of power and also from overstepping its jurisdiction, to stifle a legitimate issue with its unbridled power. He requested to pass orders for rectification of anomalies for revision & removal of the placement of Adsah Daily from category ‘D’, revision of rate fixation of Adsaha from Rs. 25/- per sq.cm. and upgradation of Adsah Daily from the category of small newspaper to big newspaper. A copy of the counter comments forwarded to the Chief Secretary, Government of Telangana and the Commissioner, Information & Public Relations Department, Government of Telangana, Hyderabad for information on 23.9.2017.

Communication from the complainant The complainant vide letter dated 14.5.2018 has submitted that the term and conditions stipulated by the Department have already been fulfilled by ADSAH DAILY for upgradation from the existing Small Newspaper Category to BIG Newspaper Category. He has further requested to Sanction Orders for the revision of the rates & Category of ADSAH Newspaper and pass final Orders basing on the merit of the case. A copy of communication received from the complainant has been forwarded to the Chief Secretary , Govt. of Telangana, and the Commissioner, I&PRD, Telangana vide Council’s letter dated 14.6.2018. Reply from the Commissioner, I&PRD, Govt. of Telangana In response to Council’s reminder dated 15.3.2018,Shri Arvind Kumar, Commissioner, I&PRD, Govt. of Telangana, Hyderabad has filed a reply in the matter whereby he has submitted that after formation of Telangana State the process of new empanelment of small papers was taken up wherein all empanelled and un empanelled newspapers were asked to submit their applications through notification issued in reputed newspapers. The new empanelment was taken up to revise rates and also to find out genuineness of regularity of small newspaper. He has further submitted that a Committee, constituted to verify and examine the applications, randomly picked copies of last 6 months and verified content and quality of newspaper, accordingly graded into A,B,C and D categories duly following the procedure laid down in G.O.Ms. 736 of GA (I&PR), dated 29.12.2010. The said newspaper (Adsah Urdu) was also verified in terms of content, no. of pages, circulation, no. of colour pages and other infrastructure facilities, and was classified in D category giving highest rate Rs. 25 in slab under Rs. 10-25. He has submitted that the newspaper published in 4 pages in black and white with no own Press as prior to September, 2016. He has further submitted that the newspaper has subsequent increased number of pages to 8 pages and also claimed to purchase a printing press but neither the latest circulation nor related documents have been received by the department. He has submitted that the department has not taken up the matter of revision of rates and category so far. However, the department is contemplating to revise rates & category and as the case of Adsah newspaper will be taken up subject to fulfilment of all terms. A copy of reply received from the Commissioner, I&PRD has been forwarded to the complainant on 7.5.2018 Communication dated 20.9.2018 received from the Commissioner, I&PRD,Hyderabad The Council has received a communication dated 20.9.2018 from the Commissioner, I&PR Department, Hyderabad whereby he has submitted that the department has revised the rates & awarded “B” category from “D” category giving highest rate of Rs. 50 from Rs. 25 which is more than the complainant’s request i.e. an increase of Rs. 21.50 per sq. cm. Further, he has requested the Council to drop the compliant. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 25.9.2018 at New Delhi. Neither the complainant nor the respondent has chosen to appear. From the Communication of the Commissioner I&PR Department of the Government of Telengana, it seems that the grievance of the complainant has been remedied. In view of the aforesaid, the Inquiry Committee is not inclined to proceed in the matter any further and disposes of the complaint. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dispose of the complaint.

Press Council of India S.No. 7 F.No. 13/69/17-18-PCI

Complainant Respondent

Shri D.D. Mittal, Director General, State President, Uttarakhand, Directorate of Advertisement and Visual Publicity, Lead India Publishers Associations Soochna Bhawan, Lodhi Road, (LIPA) New Delhi. Race Course Valley, Dehradun, Uttarakhand. Press Information Bureau (PIB), Shastri Bhawan, New Delhi.

Uttarakhand Information & Public Relation Department (DIPR), Govt. of Uttarakhand, Soochna Bhawan, Dehradun, Uttarakhand

Adjudication dated 15.11.2018 Facts: This complaint dated 10.08.2017 has been filed by Shri D.D. Mittal, State President, Uttarakhand, Lead India Publishers Associations (LIPA), against the Directorate of Advertisement and Visual Publicity (DAVP), PIB, New Delhi and Uttarakhand Information & Public Relation Department (DIPR), Govt. of Uttarakhand, for not setting up of a permanent office for receiving copies of newspapers published in Uttarakhand in compliance with the DAVP, M/O I&B, Advisory dated 18/07/2016. This is leading to the non- distribution of advertisements to the newspapers of the State of Uttarakhand since February 2017 by DAVP. The complainant in his letter, addressed to the Director General, DAVP, New Delhi, has referred to Clause-13 of Print Media Advertisement Policy of the Govt. of India – 2016. According to it every newspaper has to submit monthly copies of newspapers by 15 th day of subsequent month to DAVP, in this connection, the complainant submitted, that the arrangement of Uttarakhand newspapers was made with PIB office, Dehradun and no permanent arrangement was made. Even the temporary arrangement was made after LIPA approached the Director, DAVP, and the arrangement was operational until December 2016. Since January 2017, the office has stopped receiving any newspapers stating that they do not have any competent officer to receive the newspaper copies. Due to the absence of permanent office in compliance with Govt. of India’s Advisory related to print media, the newspaper publishers/associations of Uttarakhand are suffering without any fault of their own as they have stopped receiving advertisements from DAVP, since February 2017. The complainant, therefore, has pleaded that the matter may be looked into.

Reply Filed by the Respondents In response to the Notice for Statement issued to DAVP and Govt. of Uttarakhand on 27.9.2017 and to PIB on 23.10.2017. Uttarakhand Information & Public Relation Department (DIPR), Govt. of Uttrakhand, Dehradun informed that the matter is related to DAVP and PIB. PIB, New Delhi in response, has informed the Council that the matter has been forwarded to PIB, Chandigarh for taking necessary action. The Director General, Uttarakhand Information & Public Relation Department (DIPR), Govt. of Uttarakhand vide letter dated 18.11.2017 and further letter dated 2.04.2018 informed that the copies of the newspaper/magazine published from the Uttarakhand are being received regularly at the Information offices located at different Districts of Uttarakhand or at the Supervisors office, Director General of Uttarakhand Information & Public Relation Department (DIPR), Govt. of Uttarakhand. Further, vide letter dated 20.12.2017, PIB, Govt. of India, Northern Region, have forwarded the response of Addl. DG, PIB, Northern Region, in which PIB has mentioned an urgent posting of senior or trained clerical staff required in Uttarakhand to handle the office in Uttarakhand. In response to the Notice for Statement in reply, DAVP, Govt. of India, vide letter dated 16.04.2018 has informed the Council that DAVP had started implementing Clause-13 of the Print Media Advertisement Policy 2016 from 18.07.2016. To comply with the order of M/O I&B, DAVP developed 30 separate logins with username and passwords for the PIB officers who were assigned with the job of receiving the monthly issues of newspapers in the State capitals and all the State units became operational from September, 2016 onwards. However, in case of Uttarakhand, the monthly issues could not be received in PIB office in Uttarakhand due to non-posting of Officer/s for enforcing regularity in the State and DAVP had intimated the matter to M/O I&B. In the meantime, an ADG level Officer had been posted at PIB, Dehradun and all the publishers of the newspapers published from Uttarakhand were asked to submit the monthly issues at PIB, Dehradun. This arrangement started operating since January 2018 in Uttarakhand. Further, DAVP also clarified that though the issues of the newspapers were not received in the State of Uttarakhand, DAVP never stopped the advertisements of the newspapers published from Uttarakhand since October 2016 to January 2018. Communication from the complainant Mr. D.D. Mittal, State President, Lead India Publishers Association vide letter dated 20.9.2018 has informed the Council that his matter has been sorted out and has therefore requested to close the proceedings in the matter. Communication from Director General, Uttrakhand Shri Dipendra Kumar Chuadhary, Director General vide another letter dated 13.9.2018 has informed the Council that the Directorate of Information, Dehradun has been receiving the copies of newspaper regularly and the Govt. is providing advertisements to the complainant on regular basis. He has further requested the Council to close the proceedings. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 25.9.2018 at New Delhi. Shri D.D. Mittal, State President, Lead India Publishers Association appeared on behalf of the complainant. Shri Manoj Srivastava , Assistant Director Information, Shri R.C. Joshi, Addl. D.G., DAVP and Shri Pankaj Nigam, Media Executive represented DAVP. According to the Advertisement Policy, the newspaper were required to submit monthly copies by 15 th of subsequent month. It is the allegation of the complainant that since January, 2017 the authority is not receiving the copies of the newspapers as there is no competent officer posted for the same. The respondent has filed the reply and has not denied the aforesaid assertion of the complainant but their plea is that now a competent officer has been posted since January, 2018 to receive the copies of the newspaper. It has further stated that during this period, advertisements of the newspaper were not stopped. The complainant though has filed his appearance but when the matter was taken up he is absent. As the grievance of the complainant has been remedied, the Inquiry Committee disposes of the complaint as mater is settled. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dispose of the complaint as matter is settled.

Press Council of India

S.No. 8 F.No.13/146/17-18-PCI

Complainant Respondent

Shri Umashankar Mishra, The Director General, Editor, Directorate of Advertising & U.S.M.Patrika and Visual Publicity (DAVP), Sach Ka Saya, New Delhi Ghaziabad (U.P.)

Complaint This complaint dated 17.11.2017 has been filed by Shri Umashankar Mishra, Editor, U.S.M. Patrika/Sach Ka Saya, Ghaziabad (U.P.) against the Directorate of Advertising & Visual Publicity (DAVP), New Delhi for allegedly stopping advertisements to his magazine and newspaper. According to the complainant, his magazine and newspaper were empanelled by the DAVP for advertisements and getting three advertisements every year (26 th January, 15 th August and 2 nd October). The complainant further informed that the DAVP also included his magazine and newspaper for advertisements for the period w.e.f. 1.1.2015 to 31.12.2018 but despite that DAVP has not issued any advertisements to his magazine/newspaper. The complainant has submitted that he drew the attention of the DAVP many times in this regard but received no reply. He has requested the Council to take necessary action in the matter. Notice for Statement in Reply was issued to the DAVP on 1.1.2018. Written Statement of DAVP Shri R.C. Joshi, Addl. Director General, DAVP, New Delhi vide written statement dated 25.1.2018 has submitted that the Print Media Advertisement Policy of Govt. of India- 2016, which came into effect from 7.6.2016, was duly placed in public domain through DAVP’s website on 9.6.2016under an Advisory to all concerned. As a standard practice and as also stated in Point-7 of the Rate Contract issued to newspapers, it is clearly stated that “The publisher accepts all the terms and conditions of the Advertising Policy of the Govt. as amended from time to time and notified on the DAVP website”. He has further submitted that as per Clause-13 of the said Policy, all newspapers empanelled with DAVP shall submit their monthly copies to DAVP before 15 th of the subsequent month failing which advertisements shall be stopped to that newspaper, but the complainant failed to follow the policy requirement. According to him, pursuant to the provisions in the said policy, DAVP had uploaded an Advisory dated 9.9.2016 for the submission of the newspaper issues in the office of Press Information Bureau (PIB) attaching therewith a list of PIB offices with address for information of the publishers of the newspapers. Subsequently DAVP uploaded advisories every month on its website for submission of issues in PIB/DAVP offices by the newspapers before 15 th of month i.e. dated 28.9.2016, 31.10.2016, 30.11.2016, 27.12.2016, 31.1.2017 and 27.2.2017 on regular basis. The publishers were intimated through SMS alerts and through their login area for submission of monthly issues in PIB/DAVP offices after generation of tokens. The respondent has informed that after completion of 5 months period in respect of submission of monthly issues in PIB/DAVP office, DAVP suspended 804 newspapers including the complainant newspapers U.S.M. Patrika and Sach Ka Saya as they had not submitted monthly issues from October, 2016 to February, 2017 and this too had been intimated through an advisory dated 6.4.2017. The respondent further stated that the complainant had accessed DAVP website to receive advertisements and submitted online bills through the same. As such, it is absolutely incorrect and misleading on the part of the complainant to say that he has not been informed about fulfilment of the regularity clause. The respondent stated that the complainant had failed to submit issues to DAVP office and failed to establish its regularity under the Policy although due and reasonable opportunities were given by DAVP. He has further stated that the resumption of these newspapers can be considered on submission of latest 5 months’ issues along with a copy of receipt in support of submission of monthly issues in DAVP headquarters, in case publication and the issues submitted by them are found to be fulfilling the provisions of Print Media Advertisement Policy-2016 and PRB Act, 1867.

A copy of the written statement was forwarded to the complainant on 1.2.2018.

Counter Comments of Complainant

The complainant vide his counter comments dated 31.1.2018 informed that he had received a message from DAVP on 30.3.2017 and thereafter all issues of his magazine and newspaper are being submitted regularly. The complainant further informed that he also asked DAVP many times that he may be informed of the specific requirement which has not been complied by him but the DAVP is continuously neglecting his letters w.e.f. 1.4.2017 to 27.11.2017. A copy of the counter comments of the complainant was forwarded to the DAVP on 9.2.2018

Complainant’s communication dated 11.9.2018 The complainant, while reiterating his grievances, vide letter dated 11.9.2018 informed the Council that as per decision of the DAVP vide its communication dated 25.01.2018, he had sent five latest issues of his both papers on 15.02.2018 reconsideration by DAVP. However, no advertisement has been released to his papers by the DAVP. He has requested the Council to direct DAVP to empanel his newspaper. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 25.9.2018 at New Delhi. Despite service of notice the complainant has not chosen to appear. The respondent is represented by Mr. R.C. Joshi, ADG, DAVP. In the absence of the complainant, the Inquiry Committee is not inclined to proceed in the matter any further. The Inquiry Committee, accordingly, disposes of the complaint.

Press Council of India S.No. 9 File No. 13/158/17-18/PCI Complainant Respondent

Shri Aasif Khan, The Commissioner of Police, Editor, Delhi Police, Aam Aawaj, New Delhi. 1/368, Shri Ram Nagar, Shahdara, Delhi- 110 032.

Adjudication dated 15.11.2018 Facts: This complaint dated 18.12.2017 has been filed by Shri Aasif Khan, Editor, Aam Aawaj, Shahdara, Delhi against the Delhi Police for allegedly threatening to kill him. According to the complainant, on 15.12.2017 around 1:30 p.m. a few policemen along with weapons came across him and asked about the whereabouts of Aam Aawaj’s Editor. He tried to know as to why they are looking him and then he realised danger and left the spot. He has submitted that he apprehends danger to his life. He could not understand as to why the Policemen raided his office. The complainant has requested the Council to ensure his safety and security. A letter dated 8.1.2018 was issued to the Commissioner of Police, Delhi Police, Delhi for taking necessary action on the complaint under intimation to the Council but received no response despite issuance of reminder dated 7.3.2018.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 25.9.2018 at New Delhi. Despite service of notice, the complainant has not chosen to appear. Mr. Ram Singh, the Assistant Commissioner of Police, Mansarover appears and admits that in connection with a criminal case lodged with the Tughlak Road Police Station, the Police visited the office of the newspaper of which the complainant is the Editor. It has been pointed out that the mobile no. from which the call was made shows the address of the complainant. In the facts of the present case, the Inquiry Committee is of the opinion that the action of the respondent cannot be said to be illegal. It, accordingly, dismisses the complaint.

Press Council of India Sl. No. 10 F.No.13/165/17-18-PCI. Suo-motu cognizance with regard to registration of FIR against The Tribune and its Reporter, Ms. Rachna Khaira by The Unique Identification Authority of India (UIDAI). Adjudication dated 15.11.2018 Facts The Press Council of India has come across through various news reports that the Unique Identification Authority of India (UIDAI) filed an FIR against Chandigarh based newspaper, The Tribune and its Reporter, Ms. Rachna Khaira for allegedly exposing the data breach of Aadhaar information of the citizens for a fee. It was reported in the news items that Deputy Director of UIDAI registered an FIR against the Tribune and its reporter, Ms. Rachna Khaira following her report on how anonymous sellers over WhatsApp were allegedly providing access to Aadhaar number for a fee. The expose revealed that for a mere Rs.500 paid through Paytm, an agent of the group running the racket would provide a login ID and password for such access. Among the data available were the name, address, postal code, photo, phone number and email. It has been further reported that Joint Commissioner of Police (Crime Branch) confirmed that an FIR had been registered under IPC Section 419 (punishment for cheating by impersonation), 420 (cheating), 468 (forgery) and 471 (using as genuine a forged document), as well section 66 of the IT Act and Section 36/37 of the Aadhaar Act and an investigation had been launched. The FIR details how the reporter got in touch with the other persons named in the FIR and goes on to state “The above mentioned persons have unauthorisedly accessed the Aadhaar eco-system in connivance of the criminal conspiracy…The act of the aforesaid involved persons is in violation of (various section mentioned in the FIR)..Hence, an FIR needs to be filed at the cyber cell for the said violation”. It was also reported that after the report appeared, the UIDAI had in a statement said that “there has not been any Aadhaar data breach. The Aadhaar data, including biometric information, is fully safe and secure”. The Editor-in-Chief of The Tribune in his statement published on 7.1.2018 states that “My colleagues and I are grateful for expressions of support and solidarity from media organisations and journalists. We at the Tribune believe that our stories were in the nature of a legitimate journalistic exercise. Our stories are in the best traditions of responsible journalism. Our story was in response to a very genuine concern among the citizens on a matter of great public interest. We shall explore all legal options open to us to defend our freedom to undertake serious investigative journalism”. The Tribune in its issue dated 7.1.2018 also published statement of UIDAI which reads as follows: “Unique Identification Authorities of India (UIDAI) said today that in the recent case of The Tribune’s report in which as FIR is filed, an impression is being created in media that UIDAI is targeting the media or whistleblowers or “Shooting the messenger”. This is not at all true. This is a case in which even though there was no breach of Aadhaar biometric database, because UIDAI takes every criminal violation seriously, it is for the act of unauthorised access, criminal proceedings have been initiated. UIDAI respects free speech, including the Freedom of Press and Media. It has to be understood that whenever a crime is noticed the person concerned is required to report in the form of FIR to police in which the entire details of the crime and the incident have to be disclosed to the police. The full details of the incident as available needs to be provided with the names of persons known or unknown connected with the incident in the FIR complaint so that police or the investigating agency can take up a full and fair investigation and bring the culprits to justice. It does not necessarily mean that everyone mentioned in the FIR is a culprit unless after a thorough and fair investigation the person is charge sheeted and proved to be guilty beyond doubt in the court of law”. While taking suo-motu cognizance of the matter, a Reply Statement along with a comprehensive report on facts of the case was called for from The Unique Identification Authority of India, New Delhi/Chandigarh on 9.1.2018. Simultaneously, the Editor of The Tribune was also requested to provide complete details of the matter.

Communication from The Tribune The Editor-in-Chief, The Tribune, Chandigarh vide his letter dated 22.1.2018 informed that The Tribune carried a report under the caption “Rs.500, 10 minutes, and you have access to billion Aadhaar details” on 4.1.2018. Thereafter, a communication dated 6.1.2018 was received from the ADG, UIDAI, Chandigarh in this regard, which was responded to by him on January 8, 2018 stating that the complete facts already given in the news reports. He has further submitted that on the complaint of UIDAI, an FIR has been registered against The Tribune and Ms.RachnaKhaira and others on 5.1.2018 under Section 419/420/468/471 IPC. He has stated that the matter has also been followed up by other national newspapers, carrying editorials and news items in support of their news report.

Reply of UIDAI, New Delhi Shri Rupesh Sharma, Deputy Director, Unique Identification Authority of India, Ministry of Electronics & Information Technology, Government of India, New Delhi vide his reply dated 23.1.2018 has informed that an FIR No.09/2018 dated 5.1.2018 under Sections 419/420/468/471 has been registered against “unknown” person by Police Station Crime Branch, Delhi and the matter is being investigated into by Delhi Police. Accordingly, vide Council’s letters dated 6.3.2018 and 29.5.2018, the Assistant Commissioner of Police, Cyber Cell Crime Branch, Delhi was requested to update the status of the case but no response has been received.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 25.9.2018 at New Delhi. Shri Amit Sharma, Head Legal & Admin, The Tribune along with Shri K. Amarnath, Former Member PCI appeared in support of “The Tribune”. Shri Pornab Mohantay , DDG, UIDAI and Shri Nishant Tiwary, ADG, UIDAI appeared on behalf of the Unique Identification Authority of India. Shri Rajiv Kumar, Inspector and Shri Ajay Gupta, Sub Inspector appeared on behalf of the Assistant Commissioner of Police. The Council took suo-motu cognizance, when it came to its notice that an FIR has been registered against the reporter, Ms. Rachna Khaira of the Tribune for carrying out a story in the newspaper. The Inquiry Committee has heard the representative of the Tribune, Inspector Rajiv Kumar and the officers of the UIDAI. In the facts and circumstances of the case, the Inquiry Committee is of the opinion that the case lodged against the reporter be investigated expeditiously. The Inquiry Committee is further of the opinion that six months period is more than enough for concluding the investigation. The Inquiry Committee disposes of the complaint with the aforesaid observations.

Press Council of India S.No. 11 F.No.13/85/17-18-PCI.

Suo-motu cognizance with regard to murder of Shri Santanu Bhowmik, Reporter, Din-Raat Channel in Tripura.

Adjudication dated 15.11.2018 Facts A former Member, Press Council of India vide email dared 21.9.2017 drew the attention of the Council towards murder of Shri Santanu Bhowmik, Reporter of Dinraat Channel in Agartala (Tripura) by a mob of political workers on 20.9.2017 in Agartala. He forwarded a link of “The Quint” under the caption “Tripura Journalist killed while covering clash between parties”. It was reported in the news item that the local media persons held protests outside Tripura Chief Minister’s residence after television journalist, Shri Santanu Bhowmik was reportedly killed while covering a road-block by a tribal party, Indigenous People’s Forum of Tripura (IPFT) in Mandai Tehsil on 20.9.2017. It was further reported that a political clash had reportedly broken out between CPI(M)’s tribal wing Tripura Rajaer Upajati Ganamukti Parishad and IPFT workers, when Shri Bhowmik was suddenly attacked with sharp weapons. Four IPFT members were arrested after the incident, Dy. IPG said. It was also reported that Section144 was imposed in more than 10 places of West Tripura and Khowai districts. According to the news report, the Tripura Minister, Shri Bhanu Lal Saha said that he will inquire the matter and ask the police to take proper action.

While taking cognizance with regard to murder of Shri Santanu Bhowmik, Reporter, Din-Raat Channel in Tripura, a report on facts of the case was called for from the Govt. of Tripura on 22.9.2017. Hon’ble Chairman, PCI also appointed Shri Krishna Prasad, former Member, PCI to enquire into the matter and submit the Report.

Communication from Tripura Journalists Union& Other Press Associations Shri Pranab Sarkar, General Secretary, Tripura Journalists Union, Agartala and eight other Press Associations of Tripura alleged that the leaders and activists of CPI(M) issued threats to the journalists engaged in protests against murder of Shri Santanu Bhowmik on 20.9.2017. According to them, they were shocked with the follow up conducts of some leaders and activists of ruling CPI-M party in Tripura after murder of Shri Bhowmik. Besides, criticising the mass demand of journalists for CBI enquiry into the murder, CPI-M activists have openly been intimidating journalists in social media and their party mouthpiece namely; Daily Desher Katha which may put journalists at risk. They have stated that Shri Shantanu was working in the cable television channel Din-Rat as a journalist, which is run by the CPI-M party and managed by the younger brother of CPI-M State Secretary Shri Samir Dhar. Soon after his murder, a section of journalist aligned to left ideology had started accusing tribal based opposition political party Indigenous Peoples’ Front of Tripura (IPFT) for Shantanu’s murder. But ethically the large section of journalists opposed it and requested them not to pursue any political agenda until police or other investigating agency arrives at a conclusion. They have informed that on 22.9.2017 Agartala Press Club organised a silent procession in the city protesting the murder of Shri Shantanu. There was an announcement accusing IPFT of the murder, which evoked serious reaction among the journalists. The organisations jointly sought clarification from the Press Club over the issue and started demonstration pressing for the demand of CBI enquiry into murder of Shri Shantanu. Shri Pranab Sarkar, General Secretary, Tripura Journalists Union, Agartala while expressing gratitude for taking suo-motu cognizance w.r.t. murder of Shri Shantanu Bhowmik requested the Council to consider them as a party in the matter as per rule and procedures of PCI. Report of Govt. of Tripura Shri A. Roy, Additional Secretary to Govt. of Tripura, Home Department, Agartala vide his letter dated 18.10.2017 forwarded a copy of the Report/letter dated 9.10.2017 of Director General of Police, Tripura with regard to murder of Shri Santanu Bhowmik, Reporter of Din-Raat channel. The DGP, Tripura in his letter dated 9.10.2017 informed that the matter was enquired by the Superintendent of Police, West Tripura and as per his report, on 20.9.2017 at about 0800 hrs supporters of the political party IPFT started gathering at Gouramani Stadium under Mandwi PS, West Tripura over the issue of alleged damage to their party flags. According to the report, a large number of IPFT supporters gathered by 0900 hrs and apprehending breach of peace, the administration decided to impose prohibitory orders u/S 144 Cr.PC. The administration announced over microphone that section 144 Cr.PC is imposed and IPFT supporters must disperse. The IPFT leaders were persuaded to ask their supporters to leave. It was further stated that while the supporters of IPFT started dispersing, clashes erupted with local people assembled near Mandwi Market, a strong contingent of police force was rushed there and police tried to chase away IPFT supporters who were throwing bottles, brick-bats and marbles targeting police personnel. Many police personnel received bleeding injuries due to the brick-bats. Three persons who were actively taking part of the violent mob were apprehended and four motorcycles were recovered. According to the report, after dispersing the violent mob and clearing the market, it came to the notice that a person is found near the stadium in seriously wounded condition. He was shifted immediately to the GBP Hospital, Agartala in police vehicle where he was declared dead. Later, he was identified as Shantanu Bhowmik, a reporter of Din-Raat Channel. It has been further stated that taking cognizance of violence at Mandwi and death of Sh. Shantanu Bhowmik, a suo-motu case No.2017MDI006 u/S 148/149/302/120(b)/353 IPC and 03 of PDPP Act, 1984 was registered and investigation started. The investigation of the case was endorsed to SI Suleman Reang, O/C Patni Outpost. In the course of investigation, the Investigation Officer examined many witnesses and also recorded relevant statements u/s 161 Cr.PC. The IO also seized and recovered many items as exhibits from the scene of the case. Based on evidences, the IO arrested four accused in the instant case and forwarded to the Ld. Court. Test Identification Parade was conducted by the Magistrate in respect of arrested accused namely; Sachin Debbarma who was identified by relevant witnesses as an involved accused in the murder of deceased Sh. Bhowmik. The accused persons interrogated thoroughly during police remand period. They are now in judicial custody. It was further informed that on 21.9.2017, P.M. examination over the dead body of the deceased victim was conducted at GBP Hospital morgue by team of doctors under video coverage. Viscera and wearing apparels of the deceased were preserved for examination in connection with the case. On 23.9.2017, P.M. Report of the deceased was collected from GBP Hospital by the IO. It has also informed that in pursuance of Home Department, Govt. of Tripura order dated 26.9.2017, a Special Investigation Team (SIT) has been constituted which is headed by Shri G.S. Rao, IPS, IGP (TSR) for further investigation, which is in progress. Report of Shri Krishna Prasad Shri Krishna Prasad, former Member, Press Council of India in his report submitted that on 20.9.2017 Shri Santanu Bhowmik was killed while covering a protest by Indigenous Peoples’ Front of Tripura (IPFT), a registered political party, at Mandwi, about 20 k.m. from Agartala. According to the report, given the political situation in poll bound Tripura it was difficult to get an independent or a reliable view of what led to the death of Shri Bhowmik on the afternoon of September 20, who killed him, or why. The State Government set up a Special Investigation Team (SIT), comprising members drawn from the State Police, for the purpose and it would be improper to prejudge its conclusion. It further submitted that it come to the light from multiple sources that (i) on the day of Bhowmik’s death, local journalists marched to the Chief Minister’s Home and pinned the blame on IPFT (ii) Local newspapers headlines of the following day clearly mentioned IPFT as being behind the killing (iii) Agartala Press Club too issued a formal statement, holding IPFT responsible and (iv) at a protest march on September 22, banners naming IPFT were spotted. It was also submitted that the CPM State Secretary openly blamed the “BJP-backed IPFT for Shri Bhowmik’s killing. Ms. Brinda Karat, the CPI (M) Member of Parliament, in an article in The Hindu too drew the same conclusion.” It also submitted that on the other hand, IPFT’s Chairman, Sh. N.C. Debbarma, a retired station director of All India Radio, who deposed before the Press Council representative, denied any association with the killing. It was stated that the representative of nine journalists bodies in a representation to the PCI averred that the Din- Raat Channel was run by the younger brother of the CPI(M) State Secretary, that Left-leaning journalists opposed to the IPFT had given a political tint to the killing, and that CPI(M) leaders and MPs were at the forefront of a silent march on September 22. According to the report, the police said the IPFT gathering was instantaneous and unannounced. Police claimed that after the protestors had been dispersed in different directions, they heard that a body was lying on the other side of the road, opposite the stadium. (Another version has it that the body was actually found in the garden of a home in front of the stadium). Police took the body to the Agartala Medical College Hospital as there was only a primary health centre in Mandai, where Shri Bhowmik was declared ‘brought dead’. It was further submitted in the report that Shri Bhowmik had been a journalist for 7-8 years and previously worked with “Khabar-365” and “PB24” channels and the “Daily Desham”. There was no formal appointment letter. It was also submitted that the State Government promised Shri Bhowmik’s family Rs.10 lakh in compensation. The report concluded that it is important for journalists to keep the distinction between journalism and politics clearly while going about their job, or conducting themselves in public. Journalists, editors, news organisations and journalists associations should exercise due care in reporting incidents and, in the absence of conclusive evidence, should refrain from imputing motives which are prejudicial to the due process of law. It further concluded that there is also a need for greater debate and discussion among news organisations and journalists bodies on the job security, physical safety and working conditions of TV journalists. It also concluded that, in a state going to the elections in a few months, there is an urgent need to remove the fear of journalists in entering tribal areas after the killing. Journalists bodies should strive to create a forum for political parties to interface with journalists, and to pledge that the security of journalists will be protected. Preventing journalists from doing their job, by involving fear in them, will hurt the very people whose interests tribal groups champion. The Government of Tripura was requested vide Council’s letter dated 2.8.2018 to update the status of the matter

Report of Resident Commissioner on behalf of Govt. of Tripura Shri Rituraj Biswas, Additional Standing Counsel State of Tripura, has forwarded a reply of Shri Shailendra Singh, Resident Commissioner at Tripura Bhawan, New Delhi. The Resident Commissioner while reiterating the report of the Govt. of Tripura filed on 18.10.2017 has submitted that the Govt. of India vide Notification No. F.No. 228/22/2018- AVD.II dated 13.6.2018 has notified that the CBI will take up the investigation of Mandwi PS Case No. 2017MD1006 dated 20.9.2017 U/S 148/149/302/120/(B)/353 IPC and 3 of PDPP Act, 1985. Accordingly, CBI has started investigation of the case. Further Reply from the Govt. of Tripura Shri Arup Dep, Under Secretary to the Government of Tripura vide letter dated 29.9.2018 has informed the Council that the CBI has already taken up the two cases related to the murder of two journalists viz, Shri Shantanu Bhowmik and Sudip Datta Bhowmik for investigation.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 25.9.2018 at New Delhi. Shri K. Amarnath, Former Member of PCI appeared in support of the journalist. Shri Rituraj Biswas, Advocate represented the respondent. The Council took suo-motu cognizance when it came to its notice that one reporter was murdered in Tripura. It is common ground that now the matter has been entrusted for investigation to the Central Bureau of Investigation. In that view of the matter, the Inquiry Committee is not inclined to proceed in the matter any further. The Inquiry Committee, accordingly, disposes of the complaint. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dispose of the complaint.

Press Council of India Sl. No. 12 F.No.13/135/17-18-PCI. Suo-motu cognizance with regard to murder of Shri Sudip Datta Bhoumik by a jawan of Tripura State Rifles in Tripura.

Adjudication dated 15.11.2018 Facts Former Members of Press Council of India vide their joint email dated 21.11.2017 informed the Council that a senior journalist working for Syandan Patrika, a leading Bengali daily of Agartala, Shri Sudip Datta Bhowmik was shot dead by a jawan of Tripura State Rifles outside the office of the Commandant 2 nd BN Assam Tripura State Rifles at R.K. Nagar on 21.11.2017. They further informed that Shri Bhoumik went there to meet the Commandant after obtaining appointment. The jawan who was on guard duty at the office accosted him and shot him dead before the reporter had the chance to tell that he had an official appointment. He was killed instantly. They requested the Council to take cognizance of the matter immediately and send a fact finding team of senior journalists to Tripura to instil confidence in the minds of journalists in the State. While taking suo-motu cognizance of the matter, a report on facts of the case along with Reply Statement was called for from the Government of Tripura on 22.11.2017.

Report of Govt. of Tripura The Under Secretary, Home Department, Govt. of Tripura vide letter dated 7.12.2017 forwarded a copy of the report of Director General of Police, Tripura dated 5.12.2017. It has been stated in the report that on 21.11.2017, at about 1257 hrs, Shri Swarupa Nanda Biswas, Adjutant of 2 nd Battalion TSR informed O/C Bodhjungnagar Police Station that one civilian has been fired upon inside the 2 nd Battalion TSR Complex and his body was lying on the parade ground. It was suspected that he had expired. Accordingly, O/C Bodhungnagar Police after making an entry in General Diary rushed to the spot for verifying the information in taking legal action. At the complex, they found body of one Shri Sudip Datta Bhowmik, a reporter of Syandan Patrika with bullet injuries. After taking photographs of the scene of crime, they arranged shifting of the body to AGMC & GBP Hospital, Agartala. As per the FIR on 21.11.2017, Shri SudipDattaBhowmik had gone to meet Shri Tapan Debbarma, Commandant 2 nd Battalion TSR as per prior fixed appointment. It was alleged by the Commandant 2 nd Battalior TSR that Shri Bhowmik had taken away one envelope containing money when he went to the toilet during the period when the visitor was there. Thereafter, he called and ordered Rifleman Dharmendra Kumar Singh to carry out personal search of Shri Bhowmik. It was objected by Shri Bhowmik and in the processes a scuffle took place. However, he managed to come out of the room and ran towards the parade ground. At that time he was chased by one personal guard of Commandant, namely; Rifleman Nanda Kumar Reang and he fired two rounds upon Shri Bhowmik from his service AK-47 rifle causing his death. The action of Rifleman Nanda Kumar Reang does not commensurate with the situation and it amounts to homicide. Accordingly, specific case vide Bhodhungnagar PS Case No.2017BJN050 dated 21.11.2017 under Section 302 IPC & 27 of Arms Act and added Section 109 IPC was registered on the complaint of S.I. Shri Dilip Sarkar of Bodhungnagar PS. According to the report, during the investigation, First Investigating Officer SI (UB) Shri Jahangir Hossain, Bodhjungnagar PS arrested Rifleman Nanda Kumar Reang and Shri Tapan Debbarma, Commandant 2 nd Battalion TSR in connection with the case and taken them in ten days police remand on 22.11.2017. The investigation of the case was handed over to CID organisation by the DGP, Tripura. Subsequently, a Special Investigation Team (SIT) was constituted by the DGP, Tripura headed by DIG (S/Range). The SIT is presently conducting investigation. It was further stated that the SIT has made further progress in the investigation and arrested two more persons, namely; N/Sub Amit Debbarma and Rifleman (GD) Dharmendra Kumar Singh of the 2 nd Battalion TSR on 24.11.2017. They were produced in the Court on 25.11.2017 and taken on police remand up to 1.12.2017. On 25.11.2017, Ld. CJM West Tripura was requested to add Section 120(B) IPC to this case and the same was allowed by the court. On the production, Shri Tapan Debbarma was further given on 4 days police remand as prayed by the IO, while others were sent to Judicial Custody. On 4.12.2017, Shri Tapan Debbarma was again produced and Ld. CJM West Tripura remanded him to Judicial Custody. All the four accused persons are presently under judicial custody. It was stated that the investigation is in progress and more evidence is expected in this case once the report of State FSL on the exhibits sent to them is received to fix the motive in this offence.

Further Communication from Govt. of Tripura Shri Arup Deb, Under Secretary, Govt. of Tripura, Home Department, Agartala vide his letter dated 22.6.2018 has forwarded a copy of the Report dated 19.6.2018 of DGP, Tripura in the matter. It has been reported that charge sheet was filed in connection with Budhjungnagar PS case No.50/2017 under Section 302 IPC and 109/120(B) IPC and 27 of Arms Act on 14.2.2018. It has been further reported that the charges against the four accused persons namely; (i) Tapan Debbarma (ii) Nanda Kumar Reang (iii) Amit Debbarma and (iv) Dharmendra Kumar Singh of 2 nd Battalion TSR arrested in connection with the murder incident of Sudip Datta Bhowmik have been framed in the court of Ld. Addl. District & Session Judge, Court No.2, Agartala. There is scheduled argument for rectification of the charge framed against the charge sheeted accused persons on 13.6.2018. Trial has been started on 13.6.2018, accordingly two prosecution witnesses have been examined till 15.6.2018. On 18.6.2018 prayer for suspension of the trial has been submitted in view of the process going on for further investigation of the case by CBI. The Government of Tripura was requested vide Council’s letter dated 8.9.2018 to update the status of the case.

Communication from Govt. of Tripura Shri Arup Deb, Under Secretary to the Government of Tripura vide letter dated 29.8.2018 has informed the Council that CBI has already taken up the two cases related to the murder of two journalists viz, Shri Shantanu Bhowmik, and Shri Sudip Datta Bhowmik for investigation and the investigation of both the cases are at preliminary stage. Communication from Resident Commissioner, Govt. of Tripura Shri Shailendra Singh, Resident Commissioner, Govt. of Tripura has filed a report dated 24.9.2018 whereby he while reiterating the report filed by the Govt. of Tripura has submitted that the Govt. of India vide Notification No. F.No. 228/15/2018-AVD.II dated 6.6.2018 with consent of the State Govt. has notified that the CBI will take up the investigation of Bhodhjungnagar PS Case No. 2017BJN050 dated 21/11/2017 U/S 302 IPC & 27 of Arms Act with Section 109 IPC exercise of the power conferred by Sub Section (1) of Section 5 read with Section 6 of the Delhi Special Police Establishment Act, 1946. Accordingly, CBI has started investigation of the case. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 25.9.2018 at New Delhi. Shri Rituraj Biswas, Advocate represented the Govt. of Tripura. The Council took suo-motu cognizance when it came to its notice that one journalist Shri Sudip Datta Bhowmik had been murdered. It is common ground that now the investigation has been entrusted to the Central Bureau of Investigation. In that view of the matter, the Inquiry Committee is not inclined to proceed in the matter any further and allow the matter to rest.

Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to allow the matter to rest.

PRESS COUNCIL OF INDIA

S.No. 13 F.No.13/80/17-18-PCI

Suo-motu cognizance with regard to arrest of Shri Kamran Yousuf, Freelance Photo Journalist by the National Investigation Agency (NIA) in Jammu & Kashmir.

Adjudication dated 15.11.2018 Facts: A Former Member, PCI, has forwarded a link of “Indian Express” wherein a news has been published on 7.9.2017 under the caption “ Journalists protest in Srinagar after Kamran Yousuf’s arrest by NIA ”.

It has been reported in the news that - Journalists from South Kashmir held a protest demonstration at Press Colony on Thursday against the arrest of Shri Kamran Yousuf by National Investigating Agency (NIA) in stone pelting related cases. Shri Yousuf, a freelance photo journalist, used to cover every incident that took place in South Kashmir. While his family has denied that he was a stone pelter. Kamran was working as freelance journalist for three years and was associated with several organizations. He was the first to report news from South Kashmir and at times even Police in South Kashmir had to react to his news stories which would appear on local TV channels and other media platforms. Shri Kamran was first contacted by Police in Pulwama and asked to come to the Police Station for questioning regarding stone pelting incident. He immediately rushed to the Police Station. The photo journalist repeatedly saying that he had not done anything wrong. He was kept at the Police Station and next day handed over to NIA. He has no criminal record and no stone pelting case registered against him. NIA wanted Yousuf in several incidents to stone pelting in South Kashmir.

A Notice for Reply Statement dated 12.9.2017 in the matter was issued to the NIA and Government of Jammu & Kashmir.

The President of Kashmir Young Journalist Association was also requested vide Council’s letter dated 21.9.2018 to provide complete detail of the incident but received no response.

Communication from Govt. of J&K

Giving reference to Council’s Notice dated 12.9.2017, the Deputy Secretary, Office of the Chief Secretary, Govt. of Jammu & Kashmir, Srinagar addressed a letter dated 20.9.2017 to the Principal Secretary, Home Department, Govt. of J&K, along with an endorsement to the Council, for taking follow-up action in the matter and submitting the reply statement to the Hon’ble PCI within stipulated time. He has further directed him to ensure that no adverse orders are passed against the State authorities.

No further response has been received from the Govt. of J&K.

Reply of National Investigation Agency

Ms. Sonia Narang, IPS, Deputy Inspector General, National Investigation Agency (NIA), Ministry of Home Affairs, New Delhi vide letter dated 6.10.2017 has forwarded a copy of the Note on the arrest of Shri Kamran Yousuf by the NIA in J&K and defended action taken by NIA. Shri Arvind Digvijay Negi, IPS, Superintendent of Police, CIO, NIA vide letter dated 25.9.2018 while reiterating the subject matter has submitted that the charge sheet was filed against 12 accused persons including Shri Kamran Yusuf in the Special Court of NIA, Patiala house, New Delhi on 18.1.2018. The special NIA Court has already taken cognizance of the offences under unlawful activities (Prevention) Act and Indian Penal Code. He has further submitted that the matter is sub judice before the criminal court i.e. Special Court of NIA, Patiala House, New Delhi and fixed for consideration of charge.

News Report received from Shri Krishna Prasad, Former Member, PCI

Shri Krishna Prasad, Former Member, PCI, vide email dated 31.10.2017 has forwarded a news clipping dated 30.10.2017 with the caption “ 2 months after his arrest, J&K photojournalist’s family waits for answers ” reporting thatSmt. Rubeena Akhtar, mother of the journalist, is allowed two-minute weekly telephone call with Shri Kamran. It is further reported that she has not been to Delhi to meet him and nor has idea where the NIA Office is and where Shri Kamran was lodged.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 25.9.2018 at New Delhi. Shri Sukuman, Senior Journalist along with Shri K. Amarnath appeared for the journalist. Mohd. Wajahat Jamil, Senior Prosecuting Officer, Shri Vipin Kumar, Inspector, NIA, Shri Abhishek Kumar, Public Prosecutor, Shri K. Sreemannarayana, Deputy Legal Advisor, and Shri G.M Kawoosa, Advocate represented the respondent authority. The Council took suo-motu cognizance when it came to its notice that one Shri Kamran Yosuf, Freelance Photo Journalist was arrested by the NIA. It is common ground that the subject matter of the inquiry is also subject matter of trial before the NIA Court. In that view of the matter, the Inquiry Committee is not inclined to proceed in the matter any further. The Inquiry Committee, accordingly, recommends for disposal of the complaint.

Press Council of India S.No. 14 F.No.13/86/17-18-PCI

Suo-motu cognizance with regard to murder of Shri K.J. Singh, Sr. Journalist by unknown miscreants in Mohali (Punjab).

Adjudication dated 15.11.2018

Facts A former Member of Press Council of India vide email dated 23.9.2017 drew the attention of the Council towards murder of Shri K. J. Singh, a veteran journalist and his mother in Mohali (Punjab) on 23.9.2017.

It was reported in the relevant news items that a senior journalist-Shri K.J. Singh and his mother found murdered at their residence in Punjab’s Mohali. Shri Singh’s throat had been slit and his mother was suspected to have been strangled at their home. It has been further reported that a case of murder has been registered and the Punjab Police has set up a Special Investigative Team (SIT) to probe the suspected murder. “The miscreants wanted to give it a robbery angle but it does not seem so. The motive of the criminals was something else”, said a senior police officer. According to the news reports, Shri Singh, a former news editor with The Indian Express had also worked for The Tribune and The Times of India in Chandigarh. It was also reported that the Chief Minister, Shri Amrinder Singh called up DGP directing that an SIT be set up for a thorough investigation and also the police to beef up security in the area and ensure the safety and security of the citizens.

While taking suo-motu cognizance of the matter, a Report on facts of the case was called for from the Government of Punjab on 26.9.2017. Reply of Bureau of Investigation, Punjab

The Director, Bureau of Investigation, Punjab, Chandigarh vide his letter dated 17.10.2017 informed that a case FIR No.150 dated 23.9.2017 under Section 302/34 IPC has been registered in Police Station-Matour, District SAS Nagar in the matter. He further informed that a Special Investigation Team (SIT) was also constituted under the Chairmanship of Inspector General of Police/Crime-1, assisted by Senior Superintendent of Police, SAS Nagar and Superintendent of Police, Investigation, SAS Nagar as members. The SIT will submit its report to Bureau of Investigation, Punjab immediately after completion of investigation. Vide Council’s letter dated 9.1.2018, the Director, Bureau of Investigation was requested to update the status of the matter. A reply dated 22.11.2017 was also received from Sr. Superintendent of Police, SAS Nagar, Punjab. Since the reply was in regional language (Punjabi), SSP was requested vide Council’s letter dated 21.12.2017 to file the reply either in Hindi or English but received no reply.

A News Item Published in The Hindustan Times The Hindustan Times published a news in its issue dated 27.10.2017 under the caption “U.P. man arrested for journalist’s murder” reporting that the Punjab Police claimed a break- through in the murder of senior journalist, Shri K.J. Singh and his mother with the arrest of a man from Uttar Pradesh. It was further reported that the SSP-Shri Kuleep Singh Chahal said “the accused, identified as Gaurav from Mohali, was arrested while driving Shri Singh’s car on the airport road with a fake registration number. They are interrogating him. Initial questioning revealed that the accused had murdered the duo to take revenge. Few weeks before, Shri Singh slapped the accused in a park outside his house on the pretext that he used to create a nuisance. The police recovered the knife used in the crime besides other stolen items from the accused”. It was also reported that the Punjab Police had set up a Special Investigation Team to probe the murder of the journalist and his mother.

Further communication from Bureau of Investigation The Director, Bureau of Investigation, Punjab, Chandigarh vide his further letter dated 20.6.2018 has forwarded a copy of Investigation Report of Special Investigation Team. Since the report was in regional language (Punjabi), the Bureau of Investigation, Punjab was requested vide Council’s letter dated 2.8.2018 to provide Hindi or English translation of the report but no response has been received.

Report received from SSP, Punjab The Senior Superintendent of Police, S.A.S. Nagar, Punjab has filed a report dated 22.9.2018 at the time of hearing wherein it has been stated that an F.I.R no. 150 dated 23.9.2017 U/S 302, 34 IPC was registered in connection with the murder of Shri K.J. Singh, Sr. Journalist. The matter was investigated by SIT under the chairmanship of Shri Shashi Prabha Devedi, IPS, Inspector General of Police. The report reveals that the stolen car of the Sr. Journalist was publicized in the newspapers. The CCTV cameras were analyzed showing the car to be near 3/5 traffic light Mohali after the incident and on 26.10.2017 the PCR intercepted the stolen car near Homeland tower on airport road Mohali. During the search, the Inspector , Shri Jarnail Singh found a press sticker of press club Chandigarh, a car service slip bearing the name of K.J. Singh and bearing the Engine No./Chassis number which matched the car of the deceased Shri K.J. Singh. The accused had affixed false number plate on the journalist’s car. Thereafter, the accused admitted to his involvement in the crime of murdering Shri K.J. Singh. During the investigation all scientific and technical aspects were thoroughly analyzed and the investigation was conducted with all scientific methods.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 25.9.2018 at New Delhi. Shri K. Amarnath, former Member of PCI appeared in support of the journalist. Shri Kuldeep Singh, IPS, SSP represented the Police Authorities, Government of Pubjab and has submitted a Report. The Council took suo-motu cognizance when it came to its notice that a Senior Journalist, Mr. K.J. Singh was murdered in Mohali. It is stated that after investigation, the charge sheet has been filed and the matter is pending trial before a Competent Court of Law. He further states that during investigation, it has been found that the murder had no relationship with the journalistic activity of Shri Singh. In view of the fact, the matter has been investigated and the charge sheet has been submitted, the Inquiry Committee is not inclined to proceed in the matter any further and drops the proceedings. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to drops the proceedings in the case.

Press Council of India Sl.No.15 F.No.13/15/17-18-PCI Suo-motu cognizance with regard to police assault on journalists in Sopore (Baramula). Adjudication dated 15.11.2018 Facts Some Members (Former) of Press Council of India vide their joint email dated 6.5.2017 drew the attention of the Council towards police assault on journalists in Sopore during coverage of news on 5.5.2017. According to them, scores of photo journalists were ruthlessly beaten by police in Sopore when they were covering post Friday protests in the town. Media persons of different organisations were beaten by Sopore police, while they were performing their professional duties. They further informed that there were clashes between youth and government forces in Sopore town, after which photo journalists reached in the area to cover the protests that irritated the men in uniform including SHO, Sopore, Mudasir Geelani. Media men showed their identity cards before the police officer and his men in uniform, but without listening any word from scores of journalists, they abused and thrashed mercilessly, these photo journalists without any fault. The policemen have beaten photo journalists of Varmul Post, Eeshan Peer and Mohd. Younis of Gulistan injuring them badly. They not only beaten them to pulp but abused the media persons and chased them away. They also informed that the media men from Baramulla and Sopore staged a peaceful protest and took placards in their hands from the DC office to DIG office Baramulla. However, they gave a memorandum to the Dy. Commissioner, Baramulla wherein the members of Baramulla Working Journalists Association demanded strong action against the police officer. The Members also gave a memorandum to Deputy Inspector General, North Kashmir Range. The top officials also assured a strong action against the accused officer and directed SSP, Baramulla for investigating the matter. While forwarding a complaint/message from Shri Abid Nabi in this regard, the Members have requested the Council to take suo- motu cognizance of the matter. No Reply While taking suo-motu cognizance of the matter, a Reply Statement was called for from the Government of Jammu & Kashmir on 8.5.2017 but no reply received. Simultaneously, Shri Abid Nabi was also requested to provide a detailed report of the incident with such other documents/submission as well as the concerned journalists as may be relevant but received no response. It is submitted that the Sub-Committee of the Council on “examining the Report of Interlocutors on Jammu & Kashmir” visited Kashmir to discuss the issues of J&K Media and took up the papers of this case as a reference. The Committee, however, only informed the journalist fraternity during discussion regarding attack on media in J&K that the Press Council takes appropriate action in this regard. Reply of Superintendent of Police Dr. Harmeet Singh Mehta- KPS, Sr. Superintendent of Police, Sopore, vide letter dated 16.9.2017 has informed the Council that an unruly mob started pelting stone upon deployed Police/CRPF nafri with intention to disrupt peace and tranquillity in the area. After paying no heed to the request made by the CRPF men to stop stone pelting, the CRPF men used cane charge and tear smoke shells to disperse the unruly mob. Accordingly, a case with F.I.R. No. 121/2017 Under Section 147, 148, 149, 307, 332, RPC, 3 PPD Act stands registered in Police Station Sopore, and peace was restored. He has further submitted that no complaint from any person or from a journalist was received by the office on 5.5.2017 or afterwards by Police Station Sopore. The complaint therefore, lodged by the aggrieved journalist before the Press Council of India is false and baseless, as none of the journalist was assaulted or abused. Reply of Special Secretary to Government, J&K Shri Shakeel-Ur-Rehman, Special Secretary to Government, Home Department, J&K, vide his letter dated 19.9.2017 has informed the Council that on receipt of Notice and copy of complaint filed by the complainant before the Hon’ble Council, a report in the matter was sought from Police Headquarter and Deputy Commissioner. Subsequently, the DIG, J&K, vide letter No. 42/Sopore/CIV/CR/17/8945 dated 24.8.2017 intimated that an unruly mob started pelting heavy stone on deployed Police/CRPF with the intention to disrupt peace and tranquillity in the area. Accordingly, a case with F.I.R. No. 121/2017 Under Section 147, 148, 149, 307, 332, RPC, 3 PPD Act stands registered in Police Station Sopore, and peace was restored. No journalist was assaulted or abused. He has further submitted that District Magistrate, Baramulla, vide letter No. DCB/SHRC/Suo-moto/Jour/2017/113 dated 14.8.2017 intimated that an unruly mob violence led to inconvenience for movement of commuters and other citizens and Police maintained law and Order successfully. The Police under Sub Divisional Police Officer (SDPO) Sopore also registered an F.I.R No. 121/2017 pertaining to the said incident. No journalist was assaulted or abused by the Police however, one journalist sustained injuries while performing his duties. Response received from AIG, J&K Shri M. Suleman Choudhary, IPS, AIG (CIV), office of DGP, J&K, Srinagar vide his reply dated 31.5.2018, received in the Secretariat of the Council on 14.6.2018, has submitted that on 5.5.2017 nafri of PS Sopore, IRP 3 rd Bn and CRPF Bn were deployed at Main Chowk, Batapora and Super Bazar area for maintaining law and order situation and to prevent post Friday protest/anti-national slogans. He has further submitted that after conclusion of Friday prayers people in different groups started stone pelting from different street/lanes on deployed Nafri and vehicles plying through the area and it took several hours to control the situation in the area and in this regard a Case FIR No.121/2017 under Section 147/148/149/336/307/332 RPC, 32 PPC Act stands registered in PS Sopore. According to him, Bada Bazar, Chotta Bazar area is hyper sensitive /vulnerable from law and order and militancy point of view and prior to this incident so many police/security personnel were killed/injured in different stone pelting/militancy related incidents in the area from time to time. He has further informed that during the course of enquiry, it surfaced that none of the journalist has been abused/assaulted by the police on 5.5.2017. He has stated that the allegation levelled against police is baseless and not found based on facts. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 22.10.2018 at New Delhi. Mrs. Waseem Shah, Prosecuting Officer appears on behalf of the Director General of Police and produces before the Inquiry Committee the Written Statement of Mr. Mohd. Yusuf Shah, the journalist. He has stated that after the matter being clarified, he is of the opinion that the action was not deliberate and therefore the matter may be dropped. The Inquiry Committee takes note of the aforesaid statement and drops the proceedings. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to drops the proceeding.

PRESS COUNCIL OF INDIA S.No. 16 F.No.13/57/17-18-PCI

Suo-motu cognizance with regard to brutal attack on a journalist of Pragativadi- Shri Ramesh Rath at Balipatna by unknown assailants.

Adjudication dated 15.11.2018 Facts: Two former Members of the Press Council of India vide joint email dated 9.8.2017 drew the attention of the Council towards brutal attack on a journalist in Balipatna. According to them, Shri Ramesh Rath, reporter of Pragativadi was brutally attacked in his house at Balipatna of Puri District (Odisha) on the night of 7.8.2017. The unidentified attackers are still not traced/arrested by the Police. Shri Rath is under treatment in KIIMS Media College and hospital, Bhubaneswar. While taking suo-motu cognizance of the matter, a Report of Facts of the case was called for from the Government of Odisha on 10.2.2017. Simultaneously, the affected journalist- Shri Ramesh Rath, Reporter of Pragativadi was also requested to provide a detailed report of the incident but no reply was received from him. Reply of Govt. of Odisha. Shri Lalit Das, IPS, Special Secretary to the Govt. of Odisha, Home Department, Bhubaneswar vide his reply dated 12.9.2017 has informed that the Deputy Commissioner of Police, Bhubaneswar has submitted an enquiry report in the matter stating that on 7.8.2017 at about 1.30 a.m., Shri Ramesh Rath while coming out of his house to attend call of nature was attacked by two persons on motor cycle and sustained severe injury on his right shoulder. Soon after the attack, the culprits fled away. Shri Rath was shifted to CHC Balipatna and then to Capital hospital Bhubaneswar for treatment. A Case No.130 dated 8.8.2017 Under Section 307/34 IPC was registered in Balipatna Police Station in this regard and IIC Balipatna Police Station took up the investigation of the case. According to him, during the course of investigation, it was ascertained that due to previous grudge, accused ShriRintu@ Rajiv Lochan Swain committed the crime along with his associate Shri Ayubkhan. Both the accused persons have been arrested and sent in custody on 16.8.2017. The weapon of offence i.e. one iron Katary and the involved motorcycle have been seized. The case is under investigation . Reply from Addl. Commissioner of Police The Addl. Commissioner of Police, Bhubaneswar vide letter dated 23.8.2017 has informed the Council that on the written report of Journalist, Shri Ramesh Rath, Balipatna Police Station, Case no. 130 dated 8.8.2017 Under Sections 307/34 IPC was registered for investigation. During the investigation case prima facie U/S 307/34/IPC/25/27 Arms Act has been well established against the accused Shri Rintu@ Rajiv Lochan Swain and his co- accused Shri Ayub Khan. Both the accused persons have been arrested on 16.8.2017 and sent to the Court of JMFC(O), Bhubaneswar on the same day. Further investigation of the case is in progress. Further Reply from Addl. Commissioner of Police The Addl. Commissioner of Police, Police Commssionerate, Bhubaneswar-Cuttack vide his letter dated 30.6.2018 has informed that after completion of investigation charge sheet has been submitted against the accused person namely; Rajib Lochan Swain @ Rintua and Ayub Khan under Section 370/34 IPC/25 Arms Act in the court of law and the matter is sub-judice. Further Reply from Govt. of Odisha The Joint Secretary to Govt. of Odisha, Home Department, Bhubaneswar vide his letter dated 9.7.2018 has informed that a case Balipatna PS case No.130 dated 8.8.2017 u/S 307/37 IPC was registered and investigated into on the written report of Ramesh Ch. Rath. During the course of investigation, it was ascertained that two accused namely; Rajib Lochan Swain @ Rintua and Ayub Khan have committed the crime and they were arrested and forwarded to the Hon’ble Court. This case has been charge sheeted vide CS No.189 dated 18.11.2017 under Section 370/34 IPC/25 Arms Act and the matter is sub-judice.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 22.10.2018 at New Delhi. Shri Amrendra Panda, Assistant Commissioner of Police, Bhubaneswar appeared before it. The Council took suo-motu cognizance when it came to its notice that a journalist has been brutally assaulted and the Chief Secretary and Director General of Police of Odisha were asked to submit the report. The report had been submitted in which it had been stated that after investigation, the Police had submitted charge sheet against two persons and the matter is pending for trial before a competent court of law. The Inquiry Committee takes note of the aforesaid facts and drops the proceedings. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to drops the proceeding for matter having become sub-judice.

Press Council of India S.No. 17 File No. 13/60/17-18-PCI

Complainant Respondent

Shri Manas Kumar Behera, The Chief Secretary, Journalist, Govt. of Odisha, Asian News International, Bhubaneswar. Odisha The Secretary, Home (Police) Department, Govt. of Odisha, Bhubaneswar.

The Director General of Police, Odisha Police, Bhubaneswar.

The District Collector, Mayurbhanj (Odisha)

The Superiantendent of Police, Mayurbhanj (Odisha)

Shri Abhimanyu Nayak, Sub-Divisional Police Officer (SDPO), Police Station-Baripada, Mayurbhanj (Odisha)

Shri Gautam Kishan, Officer in Probationary Duty, Office of Superintendent of Police, Mayurbhanj (Odisha)

Shri Pradeep Kumar Tripathy, Assistant Sub-Inspector, C/o IIC Baripada Town Police Station, Mayurbhanj (Odisha)

Shri Basant Kumar Sathua, ASI-33 R.O. Baripada, Office of RI Baripada, Mayurbhanj (Odisha)

Adjudication dated 15.11.2018 Facts: This undated complaint, received in the Council on 9.8.2017, has been filed by Shri Manas Kumar Behera, Journalist, Asian News International, Baripada, District Mayurbhanj (Odisha) against the Police authorities for allegedly misbehaving and filing false case against him and three other journalists namely; (1) Shri Abhijit Mohanty, News 7 (electronic Media); (ii) Shri Rabi Narayan Challan, Dharitiri(Print Media); and (iii) Shri Priyabrata Mishra, Political business daily (Print). According to the complainant, on 1.8.2017 he got information that a troop of Police in the name of safety of riders on road and traffic administrative discipline was on so called duty near Murgabadi on Baripada. They made their sitting arrangement in a commercial place i.e. in Vishal Mega Mart in a shaded place as it was a hot day. The place was 20 to 30 meters away from the main road, where the checking was going on. He went to the spot to collect the visual and data for the news and he was shocked to see that the Police were really high at their hooliganism. They were so rude to the public which included senior citizens and ladies. When he and his fellow media persons asked certain questions to the Police persons, they got tensed and irritated and without replying gently they outburst their anger to hide their faults and limitation. The complainant has alleged that the Sadar SDPO and OPS, Baripada arrived at the spot and after a calm discussion they started shouting on them. They met the Additional SP and DIB DSP and showed them CD as a proof. In this regard, they also met S.P., Mayurbhanj, who behaved with them very arrogantly and after a long discussion with the proofs, he did not agree to his staff’s fault rather accused them and shouted in the same manner like his subordinates. The complainant has further informed that later on they came to know that the Police filed a case against them in Baripada Town Police Station Case No. 215 dated 1.8.2017 Under Section 341/294/186/353/34 IPC levelling false allegations that they have misbehaved and used vulgar languages to distracted their duty. The complainant has alleged that the respondents have tried to strangle the voice of Fourth Pillar of the society and has imposed their dictatorship. He has requested the Council to take necessary action in the matter. Notices for Statement in Reply dated 15.9.2017 were issued to Government of Odisha.

Reply of the Dy. Superintendent Shri Gautam Kisan, Dy. Superintendent of Police, Mayurbhanj vide letter dated 22.9.2017 has informed that on the day of incident dated 1.8.2017 motor vehicles checking was going on at Murgabadi Chowk, Baripada. Shri B.K Sathua, ASI and Shri P.K. Tripathy were the officers present at the spot along with other Police personnel. He has submitted that at about 11 am a person later identified as Shri Priyabrata Mishra along with two other persons who were riding in a single bike were signalled by the Police personnel, deployed for MV checking to stop. At this, Shri Priybrata Mishra identified himself as a journalist and refused to listen to the Police personnel. He has further submitted that when he was informed about the matter, he found that Shri Priybrata Mishra was not having a helmet and also two other persons along with him were riding in a single bike. He, therefore, asked him to park the bike by the side of the road and go to officers issuing VCR and MR as per MV Act and do the necessary formalities. He also asked the two ASIs deployed there to do their job as per law. After this he left for the town Baripada. Later, he received a call from the Police staff stating that some people are preventing the Police from performing their duty. These people were calling themselves as media persons and driving away the people who were stopped there during MV checking, telling them not to pay attention to these kind of MV Checking and that they will deal with the Police in this regard. He has submitted that these 5-6 persons identifying themselves journalists were shouting and saying that they will not wear helmet. Further, they said they would get the SP transferred. He has further submitted that the allegations raised by Mr. Manas Behera in the petition are false and baseless. A copy of the report received from the Dy. Superintendent of Police has been forwarded to the complainant on 21.11.2017.

Reply of Superintendent of Police The Superintendent of Police, Mayurbhanj, vide email dated 22.2.2018 has forwarded an enquiry report conducted by Shri Abhimanyu Nayak, OPS, SDPO, Sadar, Baripada to the Council. The report states that on 1.8.2017 at about 10:30 am as per Order, MV enforcement took place at Murgabadi Chowk, Baripada by the Police personnel under the charge of ASI B.K. Sathua and ASI PK. Tripathy. On that day while MV checking was going on, around 11:30 am Shri Priyabrata Mishra along with two others riding in a single bike were proceeding from DRDA, office, Baripada towards the town via Murgabadi Chowk. The Police personnel deployed on duty signalled them to stop and requested them politely to produce the requisite documents of M/C and the rider of D.L. for their verification but instead of producing the same they all arrogantly replied that they are journalist and there is no provision for producing such documents and started arguing with the Police personnel. They also parked the vehicle in the middle of the NH road. On this Shri Goutam Kisan, OPS (U.T) left the spot after asking them politely to remove the Motor Cycle with the instructions to the Officers present there to do needful as per provision of the law. After some time, a phone call was received by Shri A.M. Nayak, OPS, SDPO, from the Police staffs that some journalists including Shri Manas Behera, Abhijeet Mohanty and Rabi Challan having their common intention abusing Police personnel in abusive languages and not allowing them to discharge their lawful duty and asked the defaulters to leave the place without paying the fine amount saying further that “there is no power of Police to conduct Motor Vehicle checking release fine. Shri A.M. Nayak along with Shri Goutam Kisan intervened in the matter and asked the defaulters to pay the fine. This led to an argument and said arrogantly that “you do whatever you like but they won’t wear helmet”. It is further stated that Police team present at the spot did not include women police, for that these journalists can take shelter in the court of law or knock the door of SP, and I.G of Police. The report further states that the allegation of the complainant i.e. he had gone to the spot for collection of news is totally false as he had no camera with him at the spot as evidently revealed from the video clips taken. The allegations of the complainant regarding Police hooliganism and misbehaviour on general public is far from truth as no such complaint has been received on the issue from the general public. Since the complainant and his associates have committed a cognizable offence on 1.8.2017 based on the written report of ASI B.K. Sathua, Baripada Town, a case no. 215/2017 has been registered which is pending investigation. A copy of the inquiry report dated 22.2.2018 was forwarded to the complainant on 13.3.2018 for information.

Report filed by SDPO, Baripada, Odisha, Shri A.M. Nayak, OPS, SDPO, Sadar, Baripada vide report dated 22.10.2018 while reiterating the report filed by the Govt. of Odisha has submitted that the activities of the complainant and his associates attracted criminal offence, and a case has been registered. He has further submitted that as the complainant and his associates have been involved in a criminal case, in order the counter the criminal charge the complainant has filed the allegations without having any veracity.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 22.10.2018 at New Delhi. Shri Abhimanyu Nayak, SDPO, P.S-Baripada, Odisha represented the police authority. Despite service of notice, the complainant has not chosen to appear. The respondent is represented by SDPO, Baripada. The Inquiry Committee has perused the complaint and the reply filed by the Deputy Superintendent of Police and the Superintendent of Police and is of the opinion that the allegation made in the complaint is baseless. The Inquiry Committee, accordingly, recommends for dismissal of the complaint.

PRESS COUNCIL OF INDIA

S.No. 18 F.No.13/4/18-19-PCI

Complainant Respondents

Choudhary Amar Singh Johri, The Chief Secretary, Journalist, Govt. of Haryana, Aakhiri Koshish, Chandigarh. Panipat (Haryana) The Director General, Information, Public Relations & Languages, Government of Haryana, Chandigarh,

Adjudication dated 15.11.2018 Facts This undated complaint, received in the Secretariat of the Council on 14.3.2018, has been filed by Choudhary Amar Singh Johri, Investigative Journalist, Aakhiri Koshish, Panipat (Haryana) against the Government of Haryana for alleged discrimination in grant of accreditation and also for not providing other facilities to him. According to the complainant, despite submitting all required documents, the Government of Haryana is not granting him accreditation. Allegation of non-compliance of Press Council’s earlier decision dated 17.11.2011 has also been levelled by the complainant against the Government of Haryana. He has requested the Council to take necessary action in the matter. The Council in its decision dated 17.11.2011 disposed of the complaint by advising the Government of Haryana to consider the case of the complainant in the category of long and distinguished journalist. The complainant Choudhary Amar Singh Johri vide his earlier communication dated 11.12.2017 (dealt with in F.No.13/Misc./17-18) alleged that the Government of Haryana is not providing facility in collection of news on the basis of equality. Accordingly, a copy of the complaint was forwarded to the Government of Haryana on 3.1.2018 for taking action on the recommendation of the Council’s decision dated 17.11.2011. In response thereto, the Director General, Information, Public Relations & Languages, Government of Haryana, Chandigarh vide his reply dated 6.3.2018 informed that the complainant had first submitted his application in their office for grant of accreditation in September, 2015. As a number of shortcomings were found in his documents, he was requested to resubmit his case after completing all the requisite formalities, but he did not submit any document or reply. The respondent further submitted that the complainant again forwarded his application along with relevant documents through District Information & Public Relations Officer, Panipat in November, 2017 for grant of accreditation. The respondent also submitted that the complainant is printing his newspaper “Aakhiri Koshish” on simple type/Photostat paper by computer typing, which in no way can be considered a newspaper. Accordingly, his case for grant of press accreditation, as per provisions contained in Haryana Media Accreditation Rules, has been filed. The respondent also informed that the PCI’s decision dated 17.11.2017 had only desired for issuance of authority letters to the complainant for coverage of elections at that time, which were issued to him. A copy of the reply of the Government of Haryana was forwarded to the complainant on 21.3.2018. Giving reference to the above reply of the Government of Haryana, the complainant vide his undated letter received in the Council on 20.3.2018 while denying the reply of the Government of Haryana alleged that the government is deliberately trying to complicate the matter under a conspiracy by making wrong interpretation of the Council’s earlier decision dated 17.11.2011. He has requested the Council to investigate the matter. Accordingly, Notices for Statement in Reply were issued to the Government of Haryana on 10.4.2018. Reply of Government of Haryana The Additional Director (Press), Department of Information, Public Relations & Language, Government of Haryana, Chandigarh vide his reply dated 2.5.2018 has submitted that as per provisions of Haryana Media Accreditation Rules, 2017 (Schedule-I), the accreditation is only issued to those representative of the newspaper who publishes four full page newspaper or eight page tabloid size pages per publishing day. The respondent has further submitted that the complainant has also sent his application for accreditation along with other required documents. The copy of the complainant’s newspaper was published only on two Photostat (legal size) paper. Since the complainant’s request was not under the above provision, his application has been filed. With regard to grievance of pension to the complainant, the respondent has submitted that the pension is issued under Government of Haryana’s Journalist Pension Scheme to only those journalists who are above 60 years with five years accreditation. Since the complainant has never been an accredited journalist, he is not eligible for the pension scheme. He has requested the Council to file the complaint. A copy of the reply of the Government of Haryana was forwarded to the complainant on 12.6.2018.

Further Communication from Complainant The complainant vide his letters dated 20.8.2018 and 24.8.2018 has stated that the respondent-department issued a letter No.IPRDS(Press)-2018/3570 dated 7.8.2018 directing him to appear before the Government on 10.7.2018 for hearing of his case of accreditation, which is itself a fraud. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 22.10.2018 at New Delhi. The complainant, Shri Amar Singh Johri appeared in person. Shri B.L. Dhiman, Deputy Director, I&PRD, Haryana represented the Govt. of Haryana. The Inquiry Committee has heard the complainant and also perused the petition of the complainant and the Written Statement. The grievance of the complainant is that he is not being given the accreditation card as also pension. According to him he ought to have been given accreditation in view of the Order of the Press Council of India in File No. 13/22/9-10- PCI. It is an admitted position that the purported newspaper on the basis of which the complainant seeks accreditation is of 2 pages. The Haryana Media Accreditation Rule inter- alia provides that the accreditation shall be given to those journalists who are working for a 4 full page newspaper or 8 paper tabloid size newspapers. The complainant does not fulfil the aforesaid requirements. As regards the pension , the complainant is not an accredited journalist and therefore not entitled to pension. Reference by the complainant to an earlier Order of the Press Council of India is absolutely misconceived as that was in relation to issuance of authority letter to cover the Lok Sabha Election of 2009. That Order has no bearing presently on the accreditation of the complainant. The Inquiry Committee does not find any merit in the grievance of the complainant and accordingly recommends for the dismissal of the complaint. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dismiss the complaint.

Press Council of India

S. No. 19 No. 13/18/17-18-PCI

Complainant Respondent

Shri Sushil Kumar Singh, The Chief Secretary, Owner/Publisher/Editor, Government of U.P., Quick Times, Dhakauli (Farm), Lucknow, U.P. Post – Saumeya Nagar, Barabanki – 225 123 (U.P.) The Secretary, Home (Police) Department, Government of U.P., Lucknow, U.P.

The District Magistrate, Barabanki, U.P.

The Superintendent of Police, Barabanki, U.P.

The Sub-Inspector, Railway-I, Office of the Police Sub-Inspector Railway- I, Lucknow, Uttar Pradesh

Inspector -In-charge, Railway Police Force (G.R.P.), R.P.F. Post Junction Station, Barabanki, U.P.

Shri R.B. Prajapati, Railway Police Force, R.P.F. Post Junction Station, Barabanki, U.P.

Shri Arvind Kumar, Railway Police Force, R.P.F. Post Junction Station, Barabanki, U.P.

Draft Adjudication 15.11.2018 Facts : This complaint dated 01.05.2017 has been filed by Shri Sushil Kumar Singh, Owner/Publisher/Editor, Quick Times, Barabanki, U.P. against the Constables of Railway Police Force, Barabanki, U.P. for allegedly manhandling, misbehaving and threatening the complainant and also for registering false case against him. Shri Rajesh Kumar, President, Mentha Kisan Samiti, Barabanki, Dr. D.T.N. Verma, President, Samaj Seva Sansthan, Barabanki and Shri Suresh Chandra Pathak, National General Secretary, Shiv Sena, U.P. while drawing attention towards the harassment of Shri Sushil Kumar Singh have also requested the Council to take necessary action in the matter. According to the complainant, on 30.04.2017 when he was at Barabanki railway station, he saw two RPF constables were illegally extorting money from the vendors. He recorded the incident in his mobile. Annoyed with this the constables misbehaved with him using abusive language and snatched his mobile, detained him and registered a case no. 87/2017 under section 147 (Trespass and refusal to desist from trespass) and 148 (Penalty for making a false statement in an application for compensation) of the Railway Act. Next day his challan was sent to the Magistrate Railway, Lucknow and after depositing the fine/penalty, he was released. The Complainant has stated that he has published articles about the wrong doings of R.P.F. Police and annoyed from this they have tortured him in this way. He has further stated that R.P.F. Police has deleted videos, removed chip from his mobile and took cash from him. The complainant also stated that the Sub-Inspector, Railway-I, Lucknow vide letter dated 10.05.2017 has informed him that investigation in the matter is being conducted by him and the Sub-Inspector has called the complainant in his office to record his statement. The complainant went to the office of the Sub-Inspector on 12.05.2017, but till afternoon his statement was not recorded. The complainant has requested the Council to take action against the respondent. Notices for Statement in Reply were issued to the respondent and Government of U.P. on 03.07.2017. Written Statement received from the Inspector In-charge, Railway Police Force, Barabanki The Inspector In-charge, Railway Police Force, Barabanki vide his Written Statement dated 24.07.2017 has stated that on 30.04.2017, the complainant was crossing the railway track and when the Staff of Railway Police Force tried to stop him, he misbehaved with them. The respondents then on admitting the mistake by the complainant took him to the Post Haja, Barabanki where he was detained and a case no. 87/2017 under Section 145/146/147 of Railway Act was registered against him. The matter was placed before the Court of ACTM/NER/LKO where he was released after depositing penalty of Rs. 2100/-. Aggrieved from this the complainant has filed this complaint. He has further stated that if the Police force has harassed him he must have brought this to the notice of the Hon’ble Court. A copy of Written Statement was forwarded to the complainant on 04.08.2017 for information/counter comments. Written Statement received from the District Magistrate, Barabanki The District Magistrate, Barabanki vide his Written Statement dated 30.08.2017 has stated that the matter was investigated by Inspector In-charge, Post G.R.P., Barabanki. The Inspector In-charge in his report dated 26.08.2017 has stated that on 30.04.2017 the respondent had stopped the complainant to cross the railway track therefore the complainant misbehaved with them and tried to run away from there. He has further stated that as the complainant was creating hurdle in their work, they arrested him and registered a case no. 87/2017 under section 145/146/147 of the Railway Act in R.P.F. post, Barabanki in which he was released after imposing penalty of Rs. 2100/-. He has also stated that the complainant has registered a case no. 78/17 under section 406/504/506 of Indian Penal Code against the respondents in local police station. The matter is being investigated by Shri Sudhir Kumar Pandey, Inspector, G.R.P. Budwal. He has requested the Council to dismiss the complaint. A copy of Written Statement was forwarded to the complainant on 13.09.2017 for information/counter comments. Report dated 28.8.2018 received from Superintendent of Police The Superintendent of Police, Barabanki, U.P. vide email dated 28.8.2018, received by the Council on 28.8.2018 after I.C. meeting at Lucknow, has submitted that the said complaint is related to Railway Police Force Station, Barabanki which does not come under the jurisdiction of District Police. A letter dated 24.7.2017 has been sent to the Council in this regard. The papers related to this matter are already available with the members. The matter is again placed before the Inquiry Committee for consideration. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 23.10.2018 at New Delhi. The complainant Shri Sushil Kumar Singh, Editor appeared in person. Shri Arun Kumar Dwivedi, Advocate, Shri Arvind Kumar, CT, Railway Police Force, Rambhawan, CT, Railway Police Force and Shri Ram Bachan Maurya, SI, Railway Police Force were appeared before the Inquiry Committee. It is common ground that the subject matter of the allegation is sub-judice before the competent court of law. In that view of the matter, the Inquiry Committee is not inclined to proceed in the matter any further. The Inquiry Committee, accordingly, recommends for disposal of the complaint. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dispose of the complaint as matter being sub-judice.

Press Council of India Sl. No. 20 F.No.13/191/17-18-PCI.

Suo-motu cognizance with regard to assault on journalists by Delhi Police.

Adjudication dated 15.11.2018

Facts

The Press Council of India has come across through various news reports regarding assault on journalists by the Delhi Police. It has been reported in the news reports that Delhi Police assaulted two women journalists and snatched away the camera of one while they were covering the demonstration organized by students and teachers of Jawaharlal Nehru University (JNU) in New Delhi on 23.3.2018. It has been further reported that one male journalist was also beaten up and sustained injuries. Ms. Anushree Fadnavis, a photojournalist with Hindustan Times, was roughed up and her camera was snatched away by policewomen. The police officer on duty also roughed up and grabbed another woman journalist. The two journalists had filed separate complaints accusing the police of assaulting and molesting reporters at the site of JNU protest. However, the police is yet to register FIRs on these complaints. It has been further reported that Delhi Police on March 24 tendered their ‘deepest apologies’ for the alleged harassment of two media personnel and on March 25 suspended two constable on the basis of their unprofessional conduct and saying that the Vigilance Department would investigate the case of alleged assault. While taking suo-motu cognizance of the matter, Notice for Reply Statement was issued to the Commissioner of Delhi Police on 27.3.2018. The Editor of Hindustan Times was also requested on 27.3.2018 and 9.5.2018 to advise Ms. Anushree Fadnavis, Photojournalist to provide complete detail of the incident but received no reply.

Reply of Delhi Police The respondent-Addl. Deputy Commissioner of Police, South District, New Delhi vide his reply dated 20.8.2018 has informed that an inquiry into the matter has been conducted through ACP, Safdarjung Enclave, South District, which revealed that on 23.3.2018 at around 2:00 p.m. students of JNU had started gathering at JNU campus, Vasant Vihar for taking out a long march to the Parliament for various demands. The SHO, Vasant Kunj, North and ACP, Vasant Kunj informed that the permission to conduct the march was already rejected and students were adamant to conduct the march via INA to Parliament, New Delhi. At around 2:50 p.m., information from South Control Room was received that JNU students were coming in the form of crowd and directions were given to all SHOs to report with their sufficient staff at Africa Avenue. Later on, directions to assemble near Sanjay Jheel were given and strong barricading was placed near Sanjay Jheel. Officers of South District were in constant touch with local police. It was further informed that students of Jamia Milia and Delhi University were also present in this intended march and agitators might behave aggressively for pressing their demands. At around 3:30 p.m., a group of 2500-3000 students started their march towards Parliament. According to the report, the entire incident was photographed and videographed. All the male and female violent protesters were released after completing necessary legal formalities. On the basis of sequence of events, a case FIR No.33/18 u/S 147/149/151/186/353/332 IPC & Section 3 Damage to Public Property Act was registered at PS Sarojini Nagar and was subsequently transferred to Crime Branch dated 31.7.2018. After the protest, one Ms. Aranya Shankar of the Indian Express informed the police Control Room vide DD No.38A at 9:38 p.m. that she had been molested by Inspector Vidyadhar Singh, SHO, Delhi Cantt. The complaint was received from her at the spot. In order to get the truth of allegations a preliminary enquiry was conducted and all the recorded footage of the incident were analysed. Nothing could be cleared on the day of incident. Original video footage of the incident recorded by the complainant could not be produced by her and hence the DD No.38A was kept pending. A vigilance enquiry was also conducted regarding the same allegations. On the basis of vigilance enquiry, an FIR No.37/18 u/S 354 A IPC PS Sarojini Nagar was registered in this regard and the same has been transferred to Crime Branch on 2.4.2018 for further investigation. It has also been stated that on the same day another complaint regarding snatching of her official camera was given by one Ms. Anushree Fadnavis, Sr. Photographer of the Hindustan Times at Police Station Sarojini Nagar. After a preliminary enquiry, a case FIR No.34/18 dated 25.3.2018 u/S 356/379 IPC was registered into this complaint also. During the course of investigation the camera of complainant was found to be in the safe custody of HC Ramveer of PS Vasant Kunj who had found the camera at the spot. HC Ramveer of PS Vasant Kunj South further handed over the camera to case IO/SI Hemant who took the same into police possession through seizure memo. The camera was found in working order and the same was released to complainant vide order of Ld. Court. The respondent has stated that in order to uphold the law and order and to maintain the peace in New Delhi area, reasonable force was used by the police. Two separate case vide FIR No.34/18 dated 25.3.2018 under Section 356/379 IPC and FIR No.37/18 under Section 354A IPC has been registered with respect to the allegation of snatching of official camera and misbehavior respectively by two female journalists.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 23.10.2018 at New Delhi. Nobody appeared on behalf of Respondent Police Authority. Shri Arun Pathak, Advocate appeared on behalf of the Editor of Hindustan Times as the concerned journalist, Ms. Anushree Fadnavis, Photojournalist is associated with that paper. The Council took suo-motu cognizance when it came to its notice that the journalist has been arrested while covering a programme and sought reply from the Delhi Police. The Additional Deputy Commissioner of Police had submitted his reply in which it had been stated that on the basis of the report given by Ms. Aranya Shankar of the Indian Express, FIR No. 37/18 U/s 354 A of the Indian Penal Code and another report that is FIR No. 34/18 dated 25.03.2018 have been registered. It has been further stated that the camera said to have been stolen from Ms. Anushree Fadnavis had been recovered and handed over to her in working condition. The Inquiry Committee disposes of the complaint with the direction to the police authorities to complete the investigation, if already not completed within three months. The Inquiry Committee disposes of the complaint with the aforesaid direction. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dismiss the complaint.