Section 13 Inquiry Committee Meeting Held on 27-28 May, 2019 at New

Section 13

Inquiry Committee meeting held on 27-28 May, 2019 at New

Press Council of India 1. Suo-motu cognizance with regard to murder of Shri Shujaat Bukhari, Editor-in- Chief, Rising Kashmir. (13/39/18-19).

2. Suo-motu cognizance w.r.t. attack on journalist by the CRPF in J&K. (13/90/16- 17).

3. Complaint of Shri Pradeep Kumar Srivastava, Distt. Correspondent/ Acreditated Reporter, Dainik Lokmitra against Shri Prakash Yadav, Conductor, U.P. State Roadways Transport. (13/159/17-18).

4. Suo-motu cognizance with regard to registering case against the Puthiya Thalaimurai TV Channel and its Reporter.( 13/50/18-19)

5. Suo-motu cognizance with regard to restriction on Media in Kerala : Prior permission required to interact with VIPs. (13/149/18-19)

6. Complaint of Shri Samir Paul, Editor/Publisher, Daily Desher Katha, Tripura against the BJP Workers and anti-social elements.( 13/80/18-19)

7. Suo-motu cognizance with regard to assault of journalists in Tripura. (13/173/18- 19) 8. Suo-motu cognizance with regard to attack on journalist by Trinamool Congress activists in West Bengal. (13/9/18-19)

9. Suo-motu cognizance with regard to killing attack on Shri Pankaj Mishra, Journalist of Rashtriya Sahara in Arwal (Bihar). (13/79/17-18)

10. Suo-motu cogniznace with regard to murder of two journalists, Shri Naveen Kumar Singh and Shri Vijay Singh in Bhojpur (Bihar). (13/193/17-18)

11. Suo-motu cognizance with respect to burning and destroying copies of “Arunachal Times” (13/106/17-18).

12. Suo-motu cognizance with regard to summons to Editors and Publisher of “Dawnlit Post” by Itanagar Police. (13/2/18-19)

13. Suo-motu cognizance with regard to burning copies of a Daily Poknapham by BJP workers in Imphal (Manipur). (13/134/17-18)

14. Suo-motu cognizance with regard to assault on journalist-Shri Biplab Dey by timber smugglers in Meghalaya. (13/172/17-18). 15. Suo-motu cognizance with regard to attack on journalists at Ranchi on Jharkhand Foundation Day i.e. 15.11.2018. (13/128/18-19)

Agenda for the Inquiry Committee-I Meeting scheduled to be held on 26-27 June, 2019 at Hyderabad.

16. Suo-motu with regard to arrest of Shri G. Bala, Freelance Cartoonist by Tamil Nadu Police.( 13/121/17-18)

17. Suo-motu cognizance w.r.t. arrest of Shri Mohammad Subhan, Senior Journalist by the Telangana Police. (13/38/18-19)

18. Complaint of Shri K.R. Subramanian, Reporter, Journal Juttysuns, Madurai, Tamil Nadu against the Ministry of Information & Broadcasting & Government of Tamil Nadu. (13/74/17-18) 19. Complaint of Shri H. Yunas, President, Thendral News Editors Association, Puducherry against the Government of Puducherry (13/130/18-19)

20. Complaint of Shri P. Sridhar, Vice-President (Advtg. & Mktg.), Jagati Publication Ltd. (Sakshi Daily), Hyderabad against Information & Public Relations Department, Govt. of Andhra Pradesh. (13/47/18-19)

21. Complaint of Shri B.R. Sharan Kumar, Editor, www.racingpulse.in, Bangalore against Bangalore Turf Club Ltd., Bangalore. (13/164/18-19).

Agenda for the Inquiry Committee-II Meeting scheduled to be held on 8-9 July, 2019 at Patna.

22. Suo-motu cognizance with regard to death of Sh. Chandan Tiwary, Journalist, Aaj in Jharkhand.( 13/125/18-19)

23. Complaint of Shri Pranab Sarkar, Secretary, Tripura Journalist’s Union, Agartala (West Tripura) against Department of Information & Cultural Affairs, Government of Tripura.(13/147/17-18)

24. Complaint of Mizoram Journalists’ Association, Aizawal (Mizoram) against Assam Police.( 13/31/18-19)

25. Complaint of Shri Vinay Kumar, Reporter, Prabhat Khabar, Khagaria (Bihar) against Shri Kamal Singh, District Public Relations (DPRO), Khagaria (Bihar). (13/166/17-18)

26. Suo-motu cognizance with regard to restriction on media from entering centres of Parliamentary Election Area in Gorakhpur(U.P) (13/188/17-18)

27. Complaint of Shri Sanjiv Nayan, Editor, Samachar Varsha, Palamu against SDM, Sadar Medininagar, Palamu. (13/9/17-18)

28. Complaint of Shri Sanjay Kumar Singh, Bureau Chief, Pratah Kamal, Bihar against Police Station Incharge, Shri C.B Shukla(13/64/17-18)

29. Complaint of Shri Sanjeev Gupta, Correspondent, Prabhat Khabar, Katihar through Indian Journalist Association, Patna against Shri Neeraj Kumar Yadav, MLA, Barari, Katihar and Police Authorities. (13/47/17-18)

30. Complaint of Shri Ravish Kumar Mani, Reporter, Tarun Mitra, Patna against police authorities. (13/158/18-19)

Press Council of India

S. No. 1 F.No.13/39/18-19-PCI.

Suo-motu cognizance with regard to murder of Shri Shujaat Bukhari, Editor-in-Chief, Rising Kashmir.

Adjudication dated 22.8.2019 Facts The Press Council of India has come across through various news reports regarding murder of Shri Shujaat Bukhaari, Editor-in-Chief, Rising Kashmir. It has been reported in the news that a senior journalist and chief editor of popular Kashmiri newspaper was killed by unidentified gunmen in a drive by shooting in Srinagar that put an already tense State on edge and led Chief Minister of J&K, Ms. Mehbooba Mufti to describe the attack as a “new low for terrorism”. A journalist for three decades, he had worked for 15 years at The Hindu and was known in the state and the rest of the country as a important Kashmiri voice. Shri Bukhari was an advocate of a peaceful resolution of the Kashmir issue and was instrumental in organising several conferences involving former Diplomats and Generals from India and Pakistan. Shri Bukhari was a contributor to Frontline magazine. While taking suo-motu cognizance of the matter, a Report on facts of the case was called for from the Government of Jammu & Kashmir on 15.6.2018. Hon’ble Chairman also constituted a Fact Finding Committee comprising of PCI’s Members, Shri Parvat Kumar Dash, Shri Ashok Upadhyay and Dr. (Prof.) Sushma Yadav to inquire into the matter and submit report. Report of the Fact Finding Committee The Fact Finding Committee visited Jammu & Kashmir and interacted with various media organizations and family of Shri Shujaat Bukhari and felt that the security lapse was one of the major causes of the murder. The festival of Eid was near and the enforcement of security was reduced. When Shri Bukhari was attacked by assailants, the number of security enforcement was less in comparison to other days. Shri Bukhari was provided five security personnel but Shri Bukhari himself permitted three security personnel to avail leave. When the incident occurred there were only two security personnel with Shri Bukhari. One personnel was driving the car and another was giving him security cover. Three assailants rushed towards the car and fired from sophisticated weapons from three sides. The Fact Finding Committee has recommended that- 1. The administration should take all necessary steps to find out and nab the killers of Shri Shujaat Bukhari. 2. The Security arrangements at Press Enclave should be beefed up. 3. The administration and legislature should seriously consider to enact a special law for the safety of journalists, on the lines of one enacted by the Govt. of Maharashtra. 4. In case of any disputes on publisher matters, the administration should approach the PCI instead of writing for sources and for remedial measures, directly to the Media House. 5. The Information & Public Relations Department (I&PRD) should be in touch with the journalists and media houses more regularly and should interact with them more often. 6. The I&PRD should educate the journalists working on field through Group Meeting, Seminars and workshops regarding the Norms of Journalistic Conduct, enacted by the PCI and all Media Houses should be supplied with the photocopies of the same at the earliest. 7. The I&PRD should convene a meeting of journalist Unions immediately and the reporters should be made aware of the Norms of Journalistic Conduct, specially at the time of Conflict Reporting or reporting from the area of Operations. 8. The Media Houses should categorically be told to supply specific dress/jacket to the working journalists with Media/Press embosses on it, while on the field. 9. The administration should react immediately to the request for protection by a journalist after assessing the quantum of the thrat and necessity. 10. The State Working Journalists Welfare Fund Committee should be reconstituted immediately, having representation from all journalist Unions. More minimum Welfare Measures should be introduced as soon as possible to gain over the goodwill of the working journalist, such as below: a) Family Health Insurance Scheme b) Speedy disposal of accreditation applications c) More lenient accreditation policy. d) Free travel passes in State Transport Buses to the accreditated journalists. e) Free Medical Treatment for all working journalist. The Report submitted by the Committee was placed before the Council in its meeting held on 26.9.2018 at New Delhi and the Council while accepting the Report directed the Secretariat to forward it to the appropriate authority for necessary action. Accordingly, the Report was forwarded to the Government of J&K on 19.11.2018 for necessary action. Report filed by Superintendent of Police, Srinagar The Superintendent of Police, City East Zone, Srinagar vide his status report dated Nil has informed that an FIR No.51/2018 dated 14.6.2018 was registered in Police Station Kothibagh, Srinagar against five accused namely (i) Zubair Qayoom Bhat (ii) Muzafar Ahmad Bhat (iii) Azad Ahmad Malik @ Dadda (iv) Naveed Jat and (v) Sheikh Sajad Gul. It has been stated that a Special Investigation Team was constituted by Inspector General of Police, Kashmir. The Accused No.1 has been arrested on 15.6.2018 and challaned on 25.9.2018 before the Hon’ble Court of Chief Judicial Magistrate, Srinagar and is presently lodged in Central Jail, Srinagar. It has been further stated that the accused, Naveed Jat was killed in an encounter at Chadoora Budgam on 28.11.2018 and another accused Azad Ahmad was killed in encounter at Takiya Maqsood Shah, Bijbehara Anantnag on 23.11.2018. It is further reported that accused Shri Sheikh Sajad Gul is presently in Pakistan. It has been also stated that the main accused Muzaffar Ahmad Bhat is to be arrested by the concerned SHO and other sister agencies. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 27.5.2019 at New Delhi. Murder of Mr. Shujaat Bukhari, Editor-in-Chief of Rising Kashmir is the subject matter of this suo motu inquiry.

In view of the gravity of the matter, the Council appointed a Fact Finding Committee. The Committee so appointed visited Srinagar and met people from different walks of life and submitted its report. The observations of the Committee are as under: “While interacting with the media organisation, it was very much visible that every journalist was living in fear. In fact, many of them complained that the local security agencies are not providing sufficient security cover to the journalists. In this circumstances, they are finding it difficult to work freely. After the discussion with the security officials, PCI team felt that there should be security review and concerned journalist must be consulted and taken into confidence.” The Inquiry Committee has perused the reply filed by the respondent. Mr. Zia-Ul-Rehman, Senior Prosecuting Officer appeared on behalf of the State Government and states that the investigation in respect of murder of Mr. Bhukari will be concluded shortly. The Inquiry Committee directs that a copy of the report of the Sub- Committee be forwarded to the Government of Jammu & Kashmir for taking such steps as are necessary, so as to ensure that the journalists discharge their legitimate journalistic activity without any impediment. The Inquiry Committee drops the proceeding with the observation aforesaid. 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 drop the proceedings in the matter.

Press Council of India

S.No. 2 File No.13/90/16-17-PCI. Suo-Motu cognizance with regard to attack on journalists by the CRPF in Jammu & Kashmir. Adjudication dated 22.8.2019 Facts: Shri K. Amarnath, Former Member, PCI vide email dated 10.8.2016 drew the attention of the Council towards attack on journalist by the Central Reserve Police Force (CRPF) in Jammu & Kashmir. According to him, the CRPF jawans allegedly beaten several photo-journalists at Semthan Bijerbehara in Anantnag district in Kashmir while covering protest there as would be evident from a delayed report appearing in some Srinagar based newspapers and Hindustan Times. Shri Amarnath has informed that Shri Muneeb-Ul-Islam, who works with Kashmir Reader and Daily Roshni, alleged that the CRPF men also used him as a shield. Shri Islam added that first the CRPF troopers thrashed him and then put him ahead of them so that he gets hit by stones. As per the reports, the photo journalists went there to cover an encounter between the CRPF and some militants holed up at a plant nursery. Some youth came out in support of the militants and started throwing stones at the CRPF men. The security force used the photo-journalists as shields against the stones. Shri Amarnath has alleged that the action of the CRPF is an attack on the freedom of press and requested the Council to take suo-motu cognizance of the case and take suitable steps urgently to save the journalists. A Report on facts of the case was called for from the Director General, CRPF, New Delhi and the Special Director General, CRPF, Jammu on 12.8.2016. Reply of Director General dated 23.9.2016 & 10.7.2017, CRPF, New Delhi In response to Council’s letter dated 12.8.2016, Shri Yogyan Singh, DIG (Ops- II), Directorate General, CRPF, New Delhi vide his report dated 23.9.2016 submitted that the subject matter was enquired and it has emerged that no person, present at site i.e. Semthan, Bijebehara in Anantnag district of J&K, misbehaved/beaten by the CRPF troops deployed in the area to control the violent mob. According to the respondent, the enquiry further revealed that none of them disclosed their identity that they are from press or media while the troops were controlling the violent mob of stone pelters. The matter was also enquired from the concerned police station i.e. Bijbehara and they have also denied and confirmed that no such incident of attack on journalist took place on 8.8.2016 and no complaint/FIR was lodged in this regard. He has submitted that the CRPF always strives to help the public whenever they are in need and is proficient enough to control such violent agitation. He has stated that the allegations levelled by the photo journalists against CRPF are unfounded. Another reply dated 10.7.2017 on behalf of the respondent has been filed by Shri Yogyan Singh, DIGP (Ops-ii), Dte. Genl., CRPF, New Delhi, wherein,he submitted that allegations levelled in the complaint are false and vexatious as the same are not supported by substantial evidence and have been levelled only with a view to tarnish the image of the members of the CRPF. The matter was enquired and it has emerged that none of the persons, as alleged, was present at the relevant time. He further submitted that as far as beating of journalist is concerned, it appears to be an attempt to exploit a non-existent issue by the concerned journalist and at the same time defame the force. It is the onus of the journalist to prove as to how and when the incident took place and who all were involved in the matter and why proper channel was not used to bring the culprit to book for the offence. He has further submitted that the matter is also enquired from the Bijbehara Police station, who in turn denied and confirmed that no such incident of attack on journalist took place on 8.8.2016. In view of the same, he requested the Council to dismiss the matter. Communication dated 1.9.2016 received from CRPF A copy of Letter dated 1.9.2016, addressed to the Commandant 90 BN.,CRPF, by the SHO, Semthan Bijerbehara, J&K, has been filed by the CRPF before the Inquiry Committee at the time of hearing held on 12.7.2017. It states that on 8.8.2016 protests erupted at village Semthan and a case was registered U/S 307,147,148,149, 332,341,427,152 in Police Station Bijerbehara and the investigation of the case is in process. No report of beating up of the photo journalists at Semthan was reported to Police Station. A copy of the letter has been forwarded to the concerned journalist on 11.8.2017 Report of Commandant-40 Battalion Shri Ashu Shukla, Commandant-40 Battalion, Investigating Officer, filed a report in journalist’s case in which he submitted that Shri K. Amarnath, Member, PCI, did not give his statement in this matter even after mailing him on 7.9.2017. He further submitted that the concerned journalist, Shri Muneeb-Ul-Islam, neither filed any FIR in this regard nor did he present any medical report of his treatment. He submitted that the journalist could apprise neither name nor CRPF unit of the man who allegedly assaulted him. The journalist presented a photograph which is not apparent and does not have any relation with the matter. The S.H.O of Police Station Brijbehara, Anantnag, through his letter no. 1547/5A/PSB/2016, which is addressed to Commandant-90 Battalion, apprised that no complaint related to assault on journalist was filed on 8.8.2016. he further submitted that according to Shri Shivalik Prasad’s letter dated 28.8.2016, responsible for deploying CRPF men, there was no deployment of CRPF men at Semthan on 8.8.2016. Therefore, it is clear from the above fact that journalist statement of using him as a shield against stone pelting is baseless and all have been done to tarnish the image of the CRPF. Written Statement of Shri Muneeb-Ul-Islam Shri Muneeb-Ul-Islam, Photo Journalist, Roshni Daily in his statement before Shri Ashu Shukla, Commandant-40 Battalion, CRPF, on 12.9.2017 submitted that on 8.8.2016, when he along with his friends reached Bribehara, they came across some information that few people were pelting stone on CRPF men. He further stated that when they moved towards Semthan, few CRPF men stopped them citing of stone pelting there. Meanwhile, Shri Muneeb-Ul-Islam and his friends captured some photos of the scene but CRPF men asked them to delete the pictures. He further submitted that when he was about to delete photos, a CRPF man started assaulting him and used as shields against the stones. Later, some CRPF men saved him and the matter was apprised to the Police Commissioner of J&K. He stated that his friends Mohammad Aabid and Shri Shafafat Meer were with him at the time of the attack but he is not able to contact Mohammad Aabid. Communication of Shri Muneeb-Ul-Haque Shri Muneeb-Ul-Haque, Editor in Chief, The Varmul Post, vide email dated 19.9.2017 apprised the Secretariat about the situation taking place between Sopore Police authorities and Varmul Post Journalist. He submitted that the issue of manhandling with one of his photojournalists was taken up by the local journalists’ body with Police Officials of Sopore. He further thanked PCI for its involvement and strong support which has been critical in their discussion with Police Officials. As a result of these discussions, the situation was resolved amicably and in good faith. The Police also assured the journalists’ body of being diligent in future. He has requested the Council that the case should be deemed as resolved by Hon’ble PCI so that the Press and Police can work together for the betterment of the society. The I.C. vide its Order dated 12.7.2018 had directed to hold an Inquiry in which version of the concerned journalists be recorded with respect to assault by the men of CRPF. The I.C. did not approve the Report submitted earlier on the ground that during the course of Inquiry the victim journalist was not examined. Thereafter it seems that the photo-journalists who were allegedly assaulted have been examined and the Commandant of the CRPF who had examined those journalists has come to a conclusion. Although, the same is on record but it has not been endorsed by any Senior Officer of the Force. Communication dated 19.7.2018 received from DIG, CRPF Shri Dhiraj Kumar, DIG (Ops-II), Dte, CRPF vide communication dated 19.7.2018 has reiterated the facts earlier submitted by the CRPF. He further informed that Shri Muneeb-ul-Islam deposed his statement before the inquiry Officer while Shri Kamran Yusuf did not turn up. Another journalist Shaffat Mir, whose name is not in the complaint, also deposed his statement in the inquiry. No evidence has been put forth by any of them in support of the allegations. The Inquiry Officer has concluded that in the absence of any evidence it cannot be established that any such incident took place on 8.8.2016. In view of the above, the allegations levelled by the photo journalists against CRPF are unfounded and denied. Further, he has requested to close the proceedings in the matter. The Inquiry Committee vide its further Order dated 26.6.2018, 22.10.2018 and 14.2.2019 called upon the Director General of the CRPF to examine the said report and file its independent findings to the Inquiry Committee. Report dated 6.3.2019 filed by the Director General of the CRPF Shri Rajeev Rai Bhatnagar, Director General, CRPF vide letter dated 6.3.2019 has forwarded a Report in the matter. He submitted that to examine the veracity of the case, a field Commandant of 40 Bn., CRPF was detailed to enquire into the matter in detail. Accordingly, Commandant 40 Bn CRPF examined the complainants through the troops present at deployed site/area i.e. Semthan, Bijbehara, Anantnag (J&K) and also recorded the statements of the complainants. As per fact finding probe, it has emerged that CRPF troops were deployed at Semthan, Bijbehara, Anantnag (J&K) to control the violent mob of stone pelters. During their duty no photo-journalists approached the troops by displaying their identity that they are photo-journalists. The version of the complainants has also been recorded during the enquiry. After taking all the statements into account the fact that photo-journalist Mr. Muneeb-Ul-Islam and Mr. Kamran Yusuf have been beaten/misbehaved by CRPF could not be established. Thus, the allegations levelled by the photo-journalists Mr. Muneeb-Ul-Islam and Mr. Kamran Yusuf against CRPF are not substantiated and unfounded in the enquiry report. A copy each of the aforesaid Report has been forwarded to Mr. Muneeb-Ul- Islam, Photo Journalist and Shri K. Amarnath, (currently Former Member), PCI for information on 15.3.2019 and 19.3.2019 respectively. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 27.5.2019 at New Delhi. Shri K. Amarnath, Former Member, PCI appeared on behalf of concerned photo journalists while Shri Anil Thakur, Assistant Commandant, CRPF along with Shri Dharmendra Kumar Pandey and Shri Baban Sharma, Advocates represented the respondent authority (CRPF). The alleged assault on a journalist by the men of the CRPF is the subject matter of this suo motu inquiry. Earlier, the Director General of CRPF was directed to record its independent finding. The Director General has done so and affirmed the finding. The Inquiry Committee does not find any material to take a different view. Accordingly, 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 drop the proceedings.

Press Council of India S.No. 3 File No.13/159/17-18-PCI. Complainant Respondents Shri Pradeep Kumar Srivastava, The Assistant Regional Manager, District Correspondent, U.P. State Road Transport Dainik Lokmitra, Corporation, Faizabad (U.P.). Faizabad (U.P.)

The Assistant Regional Manager, U.P. State Road Transport Corporation, Akbarpur, Faizabad (U.P.)

Shri Prakash Yadav, Bus Conductor, U.P. State Road Transport, Corporation, Faizabad (U.P.)

Adjudication dated 22.8.2019 Facts This complaint dated 1.11.2017 has been filed by Shri Pradeep Kumar Srivastava, District Correspondent/Accredited Journalist, Dainik Lokmitra, Faizabad (U.P.) against Shri Prakash Yadav, Bus Conductor, U.P. State Road Transport Corporation (UPSRTC) for allegedly misbehaving and snatching his election pass. According to the complainant, when he boarded the bus from Faizabad Depot. to Bakarganj , the bus conductor, Shri Prakash Yadav asked him to take bus ticket for the journey. On being asked for the ticket, complainant showed his accreditation card to the conductor. The conductor termed the complainant “fake journalist” and asked him to pay half fare for the journey else threatened to get him down from the bus. The complainant alleged that the conductor misbehaved with him and also snatched his assembly election pass. The complainant wrote against the behaviour of conductor to the District Magistrate, Faizabad Superintendent of Police, Faizabad and the Assistant Regional Manager, U.P. Roadways Transport Corporation, Faizabad on 13.6.2017. On the direction of the Assistant Regional Manager, UPSRTC, Faizabad, the matter was investigated by the Assistant Regional Manager, Akbarpur, Faizabad. The complainant informed that the Bus-Conductor was directed to appear before the Assistant Regional Manager, Akbarpur, Faizabad vide his letters dated 22.6.2017, 10.7.2017, 21.7.2017, 14.8.2017, 31.8.2017 and 12.9.2017 but he did not appear. While levelling the allegations of threatening and pressurising for compromise against the Bus-Conductor, the complainant has requested the Council to take necessary action in the matter. A copy of the complaint was forwarded to the Assistant Regional Manager, UPSRTC, Faizabad and the Assistant Regional Manager, UPSRTC, Akbarpur on 8.1.2018 for taking necessary action in the matter under intimation to the Council.

Reply of Assistant Regional Manager, Akbarpur The Assistant Regional Manager, U.P. State Road Transport Corporation, Akbarpur vide his reply dated 23.1.2018 informed that an investigation report in the matter was sent to the Magistrate/Assistant Regional Manger, Faizabad and further necessary action would have been done at their level.

Reply of Assistant Regional Manager, Faizabad The Assistant Regional Manager, U.P. State Road Transport Corporation, Faizabad vide his letter dated 30.1.2018 informed that the complaint filed against Shri Prakash Yadav, Conductor was investigated by the Assistant Regional Manager, Akbarpur and as per report submitted by him, allegation levelled against the Conductor could not be proved. Accordingly, the complaint was dismissed vide their Office Order No.83 dated 9.1.2018. Report filed by Assistant Regional Manager, Akbarpur The Assistant Regional Manager, Akbarpur vide letter dated 15.10.2018 filed a report in the matter. He submitted that the matter was investigated in six dates. The complainant along with his witness appeared before the Regional Manager only on 19.9.2018 and recorded his statements. Thereafter, the complainant did not choose to appear in next four meetings. Therefore, as per rules and regulations, the matter was investigated and a Report dated 27.10.2017 was sent to the D.M./Assistant Regional Manager, Faizabad, Faizabad Depot. The report revealed that a dispute was ensued between conductor and the complainant which can be confirmed by passengers and driver of the bus. The Report further states that it is not confirmed as to who started argument as the complainant has not chosen to appear in four consecutive dates of investigation. Therefore, the allegations against the conductor could not be proved. A copy of the said Report was forwarded to the complainant vide Council’s letter dated 4.12.2018. Communication received from the complainant The complainant, Shri Pradeep Kumar Shrivastava vide letter dated 23.10.2018 has filed his submission. In his submission, he has stated that the Officers of the Department are trying to save their employee. He has further submitted that all the witnesses have accepted the fact that the conductor was asking the complainant to show Bus pass and other identity card. The complainant has submitted that he has not used offensive words against the conductor.

Report dated 8.2.2019 filed by Assistant Regional Manager, Akbarpur The Regional Manager, Akbarpur forwarded a Report dated 8.2.2019 which had been filed earlier also. While reiterting the Report, he submitted that six dates - 28.6.2017,19.7.2017, 4.8.2017, 28.8.2017, 8.9.2017 and 20.9.2017 were fixed to investigate the matter. However, the complainant appeared in two dates only. Accordinlgy, the matter was investigated and concluded Report No. 7158 dated 27.10.2017 was sent to the Regional Manager, Faizabad. He further submitted that the complainant was not happy with the investigation and furnished various allegations on the Officers who were investigating the matter. He submitted that due to his official work, he was unable to attend meeting on 14.2.2019. Letter dated 18.4.2019 received from Assistant Regional Manager, Faizabad Depot The Assistant Regional Manager, Faizabad Depot, U.P. State Roadways Transport Corporation, U.P. vide letter dated 18.4.2019 submitted that the Assistant Regional Manager, Akbarpur, U.P had forwarded a copy of the Order passed by Inquiry Committee in its meeting held on 15.2.2019 to his Office on 9.4.2019 . He further submitted that he was not present on earlier hearings as he had not received any communication from the Council. It is submitted that the Council had issued Notice for hearing, Summons to the respondent to appear before Inquiry Committee by Regd. Post. The same have not been received back by the Secretariat. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 27.05.2019 at New Delhi.

Despite service of notice, the complainant has not chosen to appear. Mr. Kamal Ahmed, Mr. Nand Kishore Chaudhary and Shri Prakash Yadav are present. The Inquiry Committee has perused the complaint and all connected papers. Mr. Prakash Yadav, the concerned Bus Conductor accepts his mistake and assures that in future, he will not commit any such mistake. He expresses regret for the act done by him. In view of the aforesaid, 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.

Press Council of India

S. No.4 F.No.13/50/18-19-PCI.

Suo-motu cognizance with regard to registering case against the PUTHIYA THALAIMURAI TV Channel and its Reporter in Tamil Nadu.

Adjudication dated 22.8.2019 Facts

The Journalists of Coimbatore, Tamil Nadu addressed an undated letter to Hon’ble Chief Justice of India along with an endorsement to Press Council of India intimating that on 8.6.2018 a debate was organized by PUTHIYA THALAIMURAI TV CHANNEL and when few speakers opposing the views of particular party, a group from the audience started to abuse the speakers in filthy words and raised slogans in obscene language and rushed towards the podium to attack them physically. The police officials initially did not try to prevent the mischief-mongers from disturbing the peaceful programme. The leader of the unruly mob, who also took part as one of the debaters, also encouraged the mischief-makers by conduct and speech and instigated them to carry out their sinister move. Thus after the situation became grim and alarming, the police intervened and prevented the unruly gang from indulging in physical attack on the speakers who boldly registered their voice of dissent. It has been further informed that due to their misbehaviour, the programme came to a grinding halt and the audience were left with no other option than leaving the hall in utter displeasure over the impatient and rude conduct of the persons who disturbed the program in pursuance of their pre-plan. It has been informed that the police on the behest of one of the political parties forced the owner of the hall to prefer a false complaint against “PUTHIYA THALIMURAI”TV CHANNEL and its Coimbatore Bureau Reporter, Shri Suresh Kumar and succeeded in registering two separate cases. The case registered in Peelamedu police station in Cr.no.964/2018, under Sections 153A, 505(1)(b) of IPC and Section 3(1) of (Tamil Nadu prevention of public property damage Act) is against the TV Channel organized the show and its staff Shri Suresh Kumar. Video was taken of the entire proceedings and it is evident from the above that the TV channel and its employee had nothing to do with the alleged offences. Registering a case on the basis of a false complaint is evidently an attack on freedom of expression guaranteed by the constitution.

While taking suo-motu cognizance of the matter, Notices for Statement in Reply were issued to the Government of Tamil Nadu on 6.7.2018 followed by a reminder dated 4.9.2018.

Reply filed by the Inspector of Police, Coimbatore Shri V.Selvaraj, Inspector of Police, Intelligence Section, Office of the Commissioner of Police, Coimbatore City vide Report dated 25.5.2019 has submitted that two FIRs had been lodged at E-2, Peelamedu Police Station against (i) Mr. Sureshkumar, Correspondent of Puthiya Thalaimurai (under Sections 153(A), 505(1) (b) of IPC)and (ii) Puthiya Thalaimurai Television Channel (under Sections 153(A), 505(1) (b) of IPC also under Section 3(1) of Tamil Nadu Public Property Prevention and Damages of Loss, Act 1992) by one Shri Anandakumar, Manager of M/s. SNR Sons Charitable Trust, also incharge of the Auditorium attached to Marriage Hall. The Report states that both the accused stated above had sought permission to conduct a debate show name “ VATTA MESAI VIVADHAM” (Round Table Debate) in the SNR Auditorium Hall involving student society. The accused requested the Institution to provide Auditorium, but the SNR Sons Charitable Trust Authorities were not informed either directly or indirectly by the Puthiya Thalaimurai TV Channel authorities that there shall be participation of political personalities in the discussion and it will be open to the public audience. The SNR Sons Charitable Trust Authorities don’t allow any debates involving political parties. On that score the said permission was granted to the Puthiya Thalaimurai TV Channel. As per the plan, the Anchor conducted the program on 8.6.2018. During the course of the heated debate, Mr. Ameer (Film Director) had vehemently quoted references to the Tuticorin Firings, Ayodhya Issues, Sensitive Murder of Sasikumar that ended in riot etc. which made the other group shout against him. On the other hand, a group encouraged his speech, resulting in personal attacks among the gatherings. The Police deployed there with their hectic efforts somehow controlled such tense situation. Subsequently, the SNR Sons Charitable Trust lodged a written complaint. The legitimate investigation and examination of witness made out a definite prima facie case against Puthiya Thalaimurai Television Channel and its founder Shri Sathyanarayanan. Both the registered case are pending before Hon’ble Judicial Magistrate. Meanwhile the accused petitioners sought anticipatory bail. Moreover, the management of Puthiya Thalaimurai Television Channel has approached the Hon’ble High Court of Judicature at Madras seeking to quash the petition. Such quash petition is presently pending before the Court of law. The Inspector of Police has requested the Council to drop the proceeding in the matter. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 27.5.2019 at New Delhi. Shri T.A. Selvaraj, Shri Rajiv M. Roy, Advocates and Shri V. Selvaraj, Inspector of Police represented the Govt. of Tamil Nadu. Shri V. Venkatesan and Shri B. Sudhir Kumar, Advocates represented the Puthiya Thalaimurai Television Channel. Physical violence during the debate of a news channel is the subject matter of this suo-motu inquiry. It is common ground that the concerned news channel has approached the High Court for quashing of the prosecution. As the subject matter of the inquiry is subjudice before the Court of law, 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 being sub-judice.

Press Council of India S. No.5 F.No.13/149/18-19-PCI.

Suo-motu cognizance with regard to restriction on Media in Kerala : Prior permission required to interact with VIPs

Adjudication dated 22.8.2019 Facts

The Press Council of India came across a news report appeared in the Mathrubhumi under the caption “Media restriction in Kerala; prior permission required to interact with VIPs”. It is reported in the impugned news report that the government issued an order imposing strict restriction on media interaction with Chief Minister, other ministers and celebrities within the secretariat and on public venues outside. The order was issued by the Additional Chief Secretary (Home), Shri Subrata Biswas. The media has been restricted forcefully from taking responses from the Chief Minister and other ministers at public events. The media will be allowed to interact with VIPs only if they get prior appointments. The media will be allowed to enter only those places determined by the Public Relations Department (PRD) at the event venues.

While taking suo-motu cognizance of the matter, Notices for Statement in Reply were issued to the Government of Kerala on 4.1.2019 followed by reminder dated 8.4.2019.

Report filed by Govt. of Kerala

The Director incharge of Information & Public Relations Department, Thiruvananthapuram, Govt. of Kerala vide Report dated 23.5.2019 submitted that the Govt. of Kerala has neither any intention to impose restrictions on media interaction with Chief Minister, other Ministers and celebrities within the Secretariat or on public venues outside nor issued any order to that effect. The Report further states that a circular, not a Govt. Order for steamlining the interation of media with the Chief Minister, Cabinet Ministers and Govt. officials was issued to ensure better coordination with media. Later, based on protests from various corners, Govt. re- examined the matter and have issued modified guidelines. The present circular is an earnest effort to avert situation so that all the media are provided with equal and fair opportunities to get Govt. information and News. Report of the Inquiry Committee

The matter came up for hearing before the Inquiry Committee on 27.5.2019 at New Delhi. Mr. N.P. Santhosh and Ms. Thomas appeared on behalf of the Govt. of Kerala and stated that accredited journalists are allowed entry without any pass to collect information from the Secretariat. Those journalists, who do not have the accreditation card are also allowed entry after obtaining the entry pass. In view of the aforesaid statement, the Inquiry Committee is not inclined to proceed in the matter any further and recommends for disposal of the complaint.

Press Council of India

S. No.6 F.No.13/80/18-19-PCI.

Complainant Respondent

Shri Samir Paul, The Chief Secretary, Editor/Publisher, Government of Tripura, Daily Desher Katha, Agartala. - Agartala (Tripura) The Secretary, Home (Police) Department, Government of Tripura, Agartala.

The Director General of Police, Tripura, Agartala.

Adjudication dated 22.8.2019

Facts:

This complaint dated 29.6.2018 has been filed by Shri Samir Paul, Editor/Publisher, Daily Desher Katha, Agartala, Tripura against the workers of Bhartiya Janta Party (BJP) and anti-social elements for allegedly creating hurdle in distribution of his newspaper. According to the complainant, Daily Desher Katha was initially owned by Tripura State Committee, CPI(M). In the year 2012 ownership of the newspaper has been changed and since then it is being published by Daily Desher Katha Society. The complainant has further stated that the latest Tripura Legislative Assembly election were held in February 18 last and counting of votes took place on March 3, 2018. In the election, BJP and its electoral ally Indegenous People’s Front of Tripura (IPFT) secured majority unseating CPI(M) led Left Front Govt. which was running the Government since 1993 continuously. Since declaration of Legislative Assembly election results, workers and supporters of BJP captured all the motor transport depots in state capital Agartala and all the motor transport depots in the Districts and Sub-Divisions of the State. According to the complainant, BJP workers and supporters running the motor transport depots with a view to silence the Daily Desher Katha resorted to fascistic attack at the instance of their leadership. They have illegally banned his newspaper and refusing to carry packets of the newspaper in different destination of the State. As a result, thousands of subscribers of his newspaper have been deprived of their fundamental right of information that they were getting through his newspaper. The complainant has further stated that in the capital town Agartala and other towns, BJP workers threatening hawkers not to distribute his newspaper. The complainant has stated that the Tripura Railway network is very small and people of the State depends upon motor transport as the mode of communication. The BJP workers and supporters creates hurdle and prevent them to carry, distribution and sale of aforesaid newspaper due to which as many as 447 number of agencies have closed and leading to reduction in distribution and sale of 43,386 number of copies daily. Due to this act of the respondents, the income of more than 1000 people, who are dependent upon agency’s commission and hawkers wages, have been stopped. Thus large numbers of people have lost their livelihood. The complainant has submitted that on May 8, 2018 his newspaper agency’s packet of Teliamura containing 105 copies was snatched by BJP Workers near Karailong Higher Secondary School while the packet was being taken from Teliamura Rail Station to Sub Divisional CPI(M) office for distribution. According to the complainant, BJP workers forced Shri Swapan Dey, agent of his newspaper to burn all the copies of newspaper and he burnt copies under death threat. FIR was lodged in this regard to Teliamura police station by the then Sub Divisional Secretary. The complainant also submitted that one new agency was opened with the help of a motor driver at Mohanpur in West Tripura District secretly. Local BJP MLA and the Minister Incharge of Law and Education Sri Ratan Lal Nath called the motor driver and asked him to stop carrying packets of his paper and threatened him that otherwise his dead body will be found. He was also threatened by the Minister not to make any complaint with the police. The complainant requested the Council that fundamental rights guaranteed under Articles 14, 19(a)(a), 19(a)(g) and right under Articles 300A be protected by directing the State Government to ensure safe distribution and selling of the newspaper freely all over the state without any obstruction from any quarter including the supporter of party in power and also take appropriate steps against the offenders who have prevented circulation of the aforesaid newspaper. Notices for Comments dated 27.8.2018 were issued to the Government of Tripura on 27.8.2018 followed by reminder dated 9.4.2019. Report filed by Govt. of Tripura

Shri Subrata Chakraborty, Asst. Inspector General of Police, Govt. of Tripura has filed a Report dated 8.11.2018 in the matter. It has been stated in the Report that after declaration of result of Tripura Assembly Election-2018, there is no complaint or allegation received by the PSs against the BJP workers and anti-social elements regarding distribution, carrying packets of Daily Desher Katha newspaper by the public vehicle. However, OC PSc are instructed to take strong steps against any anti- social elements if any allegation reported about the matter. The report further stated that it is a general type of allegation. The complainant may be advised to lodge a specific complaint, if any, to concerned police station. It is also not clear if affected party had approached a local PS. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 28.5.2019 at New Delhi. Shri R.S. Lakshman, Advocate appeared on behalf of the complainant. Shri Shuvdeep Roy, Advocate represented the State Govt. of Tripura. It is the allegation of the complainant that the miscreants had restricted the distribution of the Daily newspaper, Daily Desher Katha and compelled the vendor to set on fire the copies of the daily newspaper. A copy of the report submitted by the Additional Secretary of the Home Department to the Government of Tripura had been annexed with the letter of the State Government dated 22nd April, 2019. It had been stated in the letter that there was no complaint received in the Police Station making allegation against the BJP workers and anti social elements in restricting the distribution of “Daily Desher Katha” newspaper. In the said letter it has been further stated that the Officer In-charge of the Police Station has been instructed to take strong steps against any anti social elements. The Inquiry Committee has perused the complaint and finds that there is a letter addressed to the Officer In-charge of Teliamura Police Station on 8.5.2018 in which the act of restricting the distribution of the newspaper and setting those on fire have been mentioned. As the said letter discloses commission of a cognizable offence, the Inquiry Committee directs the Director General of Police to ensure registration and investigation of the case and submission of Report as early as possible. The Director General of Police and the Chief Secretary of the State shall further ensure that the distribution of the newspaper is no way hindered by anti social elements and members of any Political Party. With the aforesaid directions, the Inquiry Committee disposes of 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 dispose of the complaint with the aforesaid directions.

Press Council of India

S. No. 7 F.No.13/173/18-19-PCI.

Suo-motu cognizance with regard to assault of journalists in Tripura

Adjudication dated 22.8.2019 Facts The Press Council of India came across the news item published in The Hindu on 30.1.2019 under the caption “Tripura Govt. directs DGP to probe attack on journalists”. It is reported in the impugned news item that the Tripura Government directed the State Director General of Police to probe the assault on two journalists, reporting on narcotic smuggling, in the past two days. The order came in the wake of allegations that members of a paramilitary force were involved in the incident. It is further reported that Shri Asish Chakraborty, reporting for popular vernacular daily Dainik Sambad, was assaulted and intimidated in Khowai, while Sadek Mia, a freelancer working for an electronic channel, was attacked after being kidnapped from a border location in Sonamura. It has also reported that there is a numerous cases of attack and intimidation of journalists.

While taking suo-motu cognizance of the matter, Notices for Statement in Reply were issued to the Government of Tripura on 31.1.2019

Shri S. Chaudhuri, Addl. Secretary to the Govt. of Tripura, Home Department vide his reply dated 30.3.2019 has informed that detailed report of both the incidents was sought from the Director General of Police, Tripura, who intimated that on 27.1.2019 at 1100 hrs Shri Ashish Chakraborty working for Dainik Sambad appeared at Khowai Police Station and submitted a written representation to the fact that on 27.1.2019 morning some unknown persons came near to his house by a Wagon-R vehicle and asked a local shopkeeper regarding exact location of his house and left. Khowai Police Station started an investigation on the fact under Section 157 Cr.PC. During enquiry, it has been revealed that on 27.1.2019 at about 8:45 hrs some unknown persons (3/4) came in front of the shop of one Suman Bhattacherjee located at T.K.D.K. Road by a white colour Wagnor-R vehicle. Out of them, one person came out from the car and asked Suman Bhattacherjee about the exact location of the house of Shri Ashish Chakraborty. Accordingly, Suman Bhattacherjee showed the house of Shri Ashish Chakraborty. Then they left that area towards Subhash Park. However, during investigation it revealed that the complainant never received any threat phone calls, SMS message regarding his reporting of various crime/criminal/ anti-social activities. He neither received any direct threat from any person and nor cognizance offence detected. It has been further intimated that on 27.1.2019 at evening a group of paramilitary forces moving in a plate less number vehicle, physically assaulted Shri Sadek Miah and snatched away his handy-camera and mobile phone and also threatened him with dire consequences for chasing their vehicle. Shri Sadek Miah was taken in an ash colour private vehicle and then after some time they left him somewhere after Motinagar Market on Sonamura-Boxanagar Road. Due to the assault, the Shri Miah sustained internal injuries and was admitted at Community Health Centre, Sonamura for getting medical aid. In this connection, a case was registered vide Sonamura Police Station Case No.2019SNM005 dated 28.1.2019 under Section 341/325/384/506/34 IPC. During investigation, Investigation Officer of the case visited the place of occurrence, examined and recovered the statements of the witnesses under Section 161 Cr.PC and established that on 27.1.2019 one officer had came to visit Nirmahal (Rudrasagar) and after his visit at Rudrasagar he had paid a short visit to the Sub-Divisional Police Officer, Sonamura who was present at Melagarh Police Station and thereafter, he left in a while vehicle. It has been further stated that the SDR and the tower locations of the sought mobile numbers are yet to be received from the concerned Service Providers. The call details are awaited to ascertain the presence of that vehicle and the suspected accused persons at the place of occurrence. It has been informed that the investigation of the case is under progress and is under the supervision of Sub-Divisional level. The case is pending for the non-receipt of SDR and tower location of the mobile numbers. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 28.5.2019 at New Delhi. Mr. Shuvodeep Roy, Standing Counsel of the State of Tripura appears on behalf of the Government. Assault on journalists in Tripura is the subject matter of this Suo-motu inquiry. From the reply dated 30th of March, 2019 of the Additional Secretary to the Government of Tripura, Home Department, it appears that Sonamura Police Station case No. 2019SNM005 dated 28th of January, 2019 under Section 341/325/384/506/34 of the Indian Penal Code was registered for physical assault and other offences on Shri Sadek Mia. From the report, it appears that the case is still under investigation. In the facts and circumstances of the case, the Inquiry Committee is of opinion that the respondent takes appropriate steps to conclude the investigation within 3 months from the date of this Order. The Inquiry Committee is of the opinion that the early conclusion of the investigation shall generate confidence in the community of the journalists. The Inquiry Committee directs for disposal of the complaint with the aforesaid directions.

Press Council of India

S. No. 8 F.No.13/9/18-19-PCI.

Suo-motu cognizance with regard to attack on journalists by Trinamool Congress activists in West Bengal Adjudication dated 22.8.2019

Facts Press Council of India has come across through various news reports regarding attack on journalists in West Bengal. It has been reported in the news reports that a news photographer of The Times of India, Shri Biplab Mandal was stripped for reportedly trying to click a picture of Trinamool Congress activists capturing the South 24-Parganas District Magistrate’s office in Kolkata so as to prevent opposition candidates from filing nominations for the Panchayat polls. It has been further reported that several other journalists were also beaten up. According to the news reports, Shri Mandal was forcibly undressed, illegally confined and beaten while other journalists and photojournalists were attack in Alipore, Kolkata on April 9, 2018 when they were covering filing of nomination for the Panchayati Polls. No Reply A Report on Facts of the case was called for from the Government of West Bengal on 13.4.2018 but no response has so far been received despite issuance of reminder dated 29.5.2018.

The Editor, Times of India was also requested on 13.4.2018 and 7.5.2018 to provide complete detail with regard to attack on their photojournalist, Shri Biplab Mandal but received no reply. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 28.5.2019 at New Delhi. Shri R.K. Khanna, Senior Advocate and Shri Pranenjit Das, Deputy Resident Commissioner represented the State Govt. of West Bengal. Smt. Neeloo Sherpa, IPS, Deputy Commissioner of Police represented the Police authority. The Council took Suo-motu cognizance when it came to its notice that one Press Reporter, Shri Biplab Mandal was reportedly attacked by the activists of the Ruling Party, All India Trinamool Congress. The incident led to registration of Alipore, Police Station case No. 104 dated 11.4.2018 under Section 341/323/352/506 and 114 of the Indian Penal Code. From the Report of AC-IIISP dated 25.5.2019, it appears that investigation into the case is still in progress. The Inquiry Committee is of the opinion that the case of such nature ought not to have taken such a long time to investigate. The Inquiry Committee says no more as it will prejudice the investigation. The Senior Counsel appearing on behalf of the State Government of West Bengal states that investigation shall be concluded within 6 weeks.

The Inquiry Committee takes note of the aforesaid assurance and drops the proceedings.

PRESS COUNCIL OF INDIA

S.No. 9 F.No.13/79/17-18-PCI

Suo-motu cognizance with regard to deadly attack on a journalist of Rashtriya Sahara, Shri Pankaj Mishra in Arwal District (Bihar)

Adjudication dated 22.8.2019 Facts A former Member, PCI has forwarded a link of “NDTV.Com” wherein a news report published on 7.9.2017 under the caption “Journalist Shot At, Robbed in Bihar. Attacker Arrested”. It has been reported that –

“A reporter working with Rashtriya Sahara, Mr. Pankaj Mishra was attacked and robbed in Bihar’s Arwal district on 7.9.2017. He had been shot and is under treatment at hospital. One of the two alleged attackers, Shri Kundan Mahto, has been arrested. His accomplice Shri Ambika Mahto is on the run. Shri Pankaj Mishra was carrying Rs. one lakh in cash which he had withdrawn from the bank when he was ambushed. The attackers had blocked the road and when Mr. Mishra stopped his bike, they held him at gunpoint and tried to rob him, the police said. When he resisted, they opened fire and a bullet grazed his back. Shri Mananjay Sharma, the Chief of the Congress in Arwal said Mr. Mishra was also a leader of the local party unit. He also worked as a collection agent for the local branch of a state-run bank and runs a help centre at village, which helps people with various kinds of paperwork. Shri Mishra told NDTV that he knew the men who attacked him. While taking suo-motu cognizance of the matter, a Report on Facts of the case was called for from the Government of Bihar on 12.9.2017.

Shri Dilip Kumar Mishr, Superintendent of Police, Arwal (Bihar) vide his report dated 23.9.2017 has informed that on the complaint of Shri Pankaj Narayan Mishra (victim), a case No.62/2017 dated 7.9.2017 under Section 394 IPC and 27 Arms Act has been filed in Vanshi Police Station against (i) Shri Ambika Kumar and (ii) Shri Kundan. He has further informed that the allegation levelled by Shri Mishra in the FIR against the accused regarding looting and shooting him found correct in the investigation. According to him, one accused Shri Kundan Kumar was arrested and sent to judicial custody on 8.9.2017 and the Vanshi Police Station was also directed for arresting another accused-Ambika Kumar. He has stated that the case is under investigation.

Vide Council’s letter dated 1.6.2018, the Superintendent of Police, Arwal was requested to intimate the present status of the case but no response has been received. The Editor, Rashtriya Sahara, Patna was also requested to provide detail of the incident.

Letter dated 9.5.2019 received from Rashtriya Sahara

Shri Om Prakash Ashak, Editor, Rashtriya Sahara vide letter dated 9.5.2019 has submitted that the incident happened with Shri Pankaj Narayan Mishra does not have any connection with Rashtriya Sahara. He is not even employee of Rashtriya Sahara. The Editor has further enclosed copy of F.I.R pertaining to this matter which shows that it is personal matter of Shri Pankaj Narayan Mishra.

Letter dated 7.5.2019 received from Superintendent of Police, Arwal

The Superintendent of Police, Arwal vide letter dated 7.5.2019 while reiterating the Report filed earlier has submitted that the prime accused, Shri Kundan Kumar, Arwal has been arrested on 8.9.2017 and sent to the judicial custody. Other accused, Shri Ambika Kumar, Arwal has surrendered before Hon’ble Court on 6.12.2017. A charge sheet with S.NO. 55/17 dated 30.11.2017 under Section 394 IPC and 27 Arms Act has been filed against Shri Kundan Kumar. Another charge sheet with S.No. 58/17 dated 31.12.2017 under Section 394 IPC and 27 Arms Act has been filed against Shri Ambika Kumar. No action is pending in the case. The case is under consideration before Additional District and Session Judge, Jahanabad. The S.H.O of the district has been directed to provide security to Shri Pankaj Narayan Mishra whenever he goes to withdraw money. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 28.5.2019 at New Delhi. Despite service of notice, nobody has chosen to appear on behalf of the respondent. Taking note of a news item that a journalist working with Rashtriya Sahara, Shri Pankaj Mishra was assaulted in District Arwal in the State of Bihar, the Council took suo-motu cognizance and called for the report. The Superintendent of Police, Arwal has submitted his report wherein he has informed that on the basis of the report given by the journalist himself, a case has been registered under Section 394 of the Indian Penal Code and Section 27 of the Arms Act. He has further stated that during the investigation, accused persons have been arrested and sent to judicial custody. It is further relevant here to state that a communication had been received from the Editor, Rashtriya Sahara wherein he has stated that said Shri Pankaj Mishra had nothing to do with the newspaper and he is not its employee. As the subject matter of the suo-motu inquiry has nothing to do with the journalistic activity, 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 drop proceedings in the matter.

PRESS COUNCIL OF INDIA

S.No. 10 F.No.13/193/17-18-PCI

Suo-motu cognizance with regard to murder of two journalists namely, Shri Naveen Kumar Singh and Shri Vijay Singh in District Bhojpur (Bihar)

Adjudication dated 22.8.2019

Facts

Press Council of India has come across various news reports regarding brutal murder of two journalists namely; Shri Naveen Kumar Singh and Shri Vijay Singh in District Bhojpur of Bihar on 25.3.2018. It has been reported in the news reports that two journalists riding a motorcycle were allegedly crushed to death by the husband of a former village headwoman under his SUV in Bihar’s Bhojpur district. The police arrested Ahmed Ali (Harsu) for the double murder. According to the news reports, while Shri. Naveen Kumar Singh, 45, was associated with a national Hindi daily Dainik Bhaskar, Shri Vijay Singh, 35, reportedly contributed to a local vernacular magazine. Police said Harsu had a heated argument with the two journalists over certain news reports in the market of Garahani, about 80 km from Patna, at around 8 pm on 25.3.2018. After the argument, Sh. Naveen and Vijay left the market on a motorcycle. An agitated Harsu followed them on his SUV and crushed them to death, a police officer said. It has been stated that the Patna Zone IG said an FIR has been lodged at Garahani police station. “An SIT led by Bhojpur Superintendent of Police has been formed to investigate the case”, the IG said, adding that forensic experts have lifted evidences from the spot. According to the news reports, quoting the FIR lodged by Sh. Naveen’s brother, Garahani Police Station’s SHO said Harsu had been nursing a grudge against Shri Naveen for writing against his family. The FIR has also alleged the involvement of Harsu’s son, Dabloo in the murder. While taking suo-motu cognizance of the matter, a Report on facts of the case was called for from the Government of Bihar on 27.3.2018. Reply

The Deputy Inspector General of Police, Bihar, Patna vide his reply dated 18.6.2018 has informed that a report of the case has been received from the Superintendent of Police, Bhojpur, who in his report has stated that on the written complaint of Shri Rajesh Kumar Singh (brother of Shri Naveen Kumar Singh) a case No.29/18 dated 302/427/34 IPC was registered in Police Station-Agiao (Gardhani) against Ahmed Ali @ Harshu Mian, Dabloo @ Asif Ahmed and two other unknown for allegedly crushing Shri Naveen Kumar and Shri Vijay Singh to death by an SUV car. During the investigation, allegation was found to be true and the prime accused, Ahmed Ali was arrested and produced before the court and other accused Dabloo @ Asif Ahmed surrendered on 28.3.2018 and sent to the judicial custody. The matter is under investigation at present.

The Editor, Dainik Bhaskar, Patna was also requested on 27.3.2018 to provide detail of the incident but no reply has been received despite issuance of reminder dated 9.5.2018.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 28.5.2019 at New Delhi. Mr. Murari appeared on behalf of the Superintendent of Police, Bhojpur, Bihar. Murder of two journalists namely Shri Naveen Kumar Singh and Shri Vijay Singh in district Bhojpur in the State of Bihar is the subject matter of this suo-motu inquiry. Mr. Murari Prasad, Dy. Superintendent of Police, Headquarter, Bhojpur is present. He states that after the investigation, two persons have been charge-sheeted and the matter is pending before the court. In view of the aforesaid, 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.

PRESS COUNCIL OF INDIA

S.No. 11 F.No.13/106/17-18-PCI

Suo-motu cognizance with respect to burning and destroying copies of “Arunachal Times”

Adjudication dated 22.8.2019 Facts: The Press Council of India came across news reports of burning and destroying copies of the Arunachal Times by “The Adi Baane Kabang Youth Wing (ABKYW) in Arunachal Pradesh. It was reported that the ABKYW destroyed and burned copies of the newspaper and uploaded a video of it on social media. It has been further reported that the ABKYW has also banned the distribution of the daily in East Siang district and issued what it calls a Show Cause Notice on September 28. According to the report, the ABKYW has been critical of the daily for “ignoring their voice and not backing their demands”, while the newspaper maintained that it had remained neutral and covered all sides. It has been reported that the publication has lodged a complaint with the Police. While taking suo-motu cognizance of the matter, a report of facts of the case was called for from the Government of Arunachal Pradesh on 23.10.2017. The Editor, Arunachal Times, Itanagar was also requested on 27.10.2017 and 5.12.2017 to provide complete detail of the incident but received no reply. Reply of Superintendent of Police, Itanagar Smt. Shweta Chauhan, IPS, Superintendent of Police (Crime) PHQ, Itanagar, vide letter dated 29.12.2017 has informed the Council that as per inquiry conducted by Superintendent of Police, East Siang District, Pasighat, 10 newspaper vendors of Pasighat were examined and their statements were recorded and it has been concluded that the Adi Baane Kebang (ABK) youth wing had issued a call urging all citizens to boycott the daily newspaper “Arunachal Times” but there was no coercion of force. She has also submitted that no complaint of burning of newspaper or any kind of threat to any person for enforcing the ban has been reported anywhere in the State. A copy of the reply has been sent to Arunachal Times on 29.1.2018 with a request to provide a detailed report of the incident but received no reply. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 28.5.2019 at New Delhi. Shri K. Amarnath, Former Member, PCI and Shri Amar Sangno, Sub Editor , appeared on behalf of the newspaper, Arunachal Times. Shri Irak Bagra, SP(Crime) represented the Police Authority (Arunachal Pradesh).

The burning and destroying copies of the newspaper “Arunachal Times” by the Adi Baane Kebang Youth Wing (ABKYW) is the subject matter of this suo-motu inquiry. The Council took suo-motu cognizance when it came to its notice through newspaper that ABKYW had destroyed and burnt copies of the newspaper and uploaded a video of it on the social media. A report was called for from the State Govt. The Superintendent of Police, Itanagar has submitted his report dated 29.12.2017 in which it has been stated that the Inquiry was conducted by the Superintendent of Police, East Siang District, Pasighat and it has been found that ABK Youth Wing had issued a call urging all citizens to boycott the daily newspaper “Arunachal Times”. However, in the report it has been stated that neither coercion of force nor any complaint of burning of newspaper has been reported anywhere in the State.

Mr. Amar Sangno, Sub-Editor of Arunachal Times appears and states that a report was given to the police and when no case was registered, a complaint was filed before the Judicial Magistrate who referred the case for investigation. Mr. Irak Bagra, S.P. (Crime) admits that on the basis of the direction given by the Chief Judicial Magistrate, a case had been registered and after investigation the police has submitted the charge-sheet. The Inquiry Committee is of the opinion that any obstruction or burning of a newspaper directly affects the fundamental right of the newspaper, it affects the freedom of the press. In the opinion of Inquiry Committee, the State Government and all its functionaries are obliged to ensure that the freedom of the press is not violated. The Inquiry Committee expects from the State Government to take such steps as are necessary for ensuring such freedom to the press. The Inquiry Committee would also like to observe that in case any group of people have any grievance against a newspaper, the door of the Press Council is open for them to ventilate their grievances, instead of taking law and order in their own hand. The Inquiry Committee directs for disposal of the complaint with the aforesaid observation.

Press Council of India

S.No. 12 F.No.13/2/18-19-PCI.

Suo-motu cognizance with regard to summons to Editors and Publisher of “Dawnlit Post” by Itanagar Police.

Adjudication dated 22.8.2019 Facts A former Member, of the Council vide his email dated 3.4.2017 has informed that the Itanagar Police has issued summons to the Editors and Publisher of the “Dawnlit Post” to explain a report as a case was registered against the newspaper on the directions of Metropolitan Magistrate of Itanagar on a complaint filed by the State General Secretary of BJP. He has further informed that the Police also wanted the newspaper to produce all relevant material regarding the report, which means the newspaper has to disclose source of the news report. According to him, BJP has filed a complaint to frighten journalists of the State by making the Dawnlit Post as an example so that they are forced to observe restraint and ‘self-censorship’ in their reportage in the run up to elections scheduled later this year. He has alleged that this is a frontal attack on the freedom of press. While forwarding a copy of the summon, he has requested to take suo-motu cognizance of the matter.

No Reply

A Report on Facts of the case was called for from the Government of Arunachal Pradesh on 4.4.2018 but no response has so far been received despite issuance of reminder dated 9.5.2018.

The Editor, Dawnlit Post, Itanagar was also requested on 4.4.2018 and 9.5.2018 to provide complete detail of the incident but received no reply.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 28.5.2019 at New Delhi. Shri K. Amarnath, Former Member, PCI and Shri Ranju Dodum, Chief Reporter represented the Editors/Publisher of Dawnlit Post. Shri Irak Bagra, S.P. (Traffic Crime) represented the Police Authority. Issuance of summons to the editors and publisher of the “Dawnlit Post”, a daily newspaper published from Itanagar, is the subject matter of the present suo- motu inquiry. Mr. Irak Bagra, S.P.(Crime) appears and states that on the basis of the direction given by the Court, the police registered the case and issued summons to the editors and publisher. He states that what has been done by the police was in discharge of their statutory right to investigate and no fault can be found out in it. Mr. Ranju Dodum, the Chief Reporter of the “Dawnlit Post” appears. The Superintendent of Police further informs that the person who had filed the complaint had filed an application for withdrawal of the complaint and based on that, the police had submitted final report. Taking notice of all those facts, 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 drops the proceedings in the matter.

Press Council of India

S.No 13 F.No.13/134/17-18-PCI.

Suo-motu cognizance with regard to burning copies of a Daily Poknapham by BJP workers in Imphal (Manipur).

Adjudication dated 22.08.2019 Facts A former Member, PCI vide his email dated 21.11.2017 has forwarded a link of “The Wire” wherein a news was displayed on 20.11.2017 under the caption “Imphal Newspapers publish blank editorial to protest BJP’s burning of daily – Members of BJP’s youth wing set ablaze copies of Poknapham newspaper for publishing disparaging content against the prime minister”. It has been reported in the news report that –

“Prominent Imphal-based newspapers, including the daily that was burned down by alleged members of the BJP’s youth wing, left their editorial columns blank today in protest. Copies of Poknapham were set on fire by unidentified miscreants in front of BJP’s party office on 18.11.2017 over alleged disparaging content against the Prime Minister. The editorial column has been left blank on 20.11.2017 in protest against burning of an Imphal based newspaper by BJP youth wing-the editor of Sangai Express said.”

While taking suo-motu cognizance of the matter, a Report on facts of the case was called for from the Government of Manipur on 22.11.2017. The Editor, Poknapham Daily was also requested to provide detail of the incident on 22.11.2017 but received no response.

Reply The Inspector General of Police, Office of the DGP, Govt. of Manipur, Imphal vide his reply dated 6.12.2017 has informed that the Superintendent of Police , Imphal West inquired into the matter and stated that as per report of the officer-incharge, City Police Station, on 18.11.2017 no report related to burning copies of the daily Poknapaham by BJP workers in Imphal was received by the Police Station nor through the Police Control Room of Imphal West District Police. Neither the media house nor the aggrieved individual has lodged the complaint at the Police Station. The matter came to light only after it was carried as news item in some local newspapers. The District Police nevertheless has been keeping a close watch on the matter to prevent any law and Order problem. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 28.05.2019 at New Delhi. Mr. K. Amarnath, Former Member, PCI represented the Poknapham Daily newspaper. Mr. L. Roshmani , Advocate, represented the State Government .

When it came to the notice of the Council that Imphal newspapers have left the editorial space blank to protest burning of daily newspaper by a youth wing of a political party, it took suo-motu cognizance and called for a Report from the State Government and the Director General of Police. The Inspector General of Police vide his letter dated 6th of December, 2017 had informed that the matter was investigated by the Superintendent of Police, Imphal and as per the report of the Officer-in-Charge of the City Police Station no report related to the burning copies of the Daily Poknapham was received in the Police Station or in the Police Control room of Imphal West District Police. It has further been reported that neither the media house nor the aggrieved individual has lodged a complaint at the Police Station. However, in the report it has been observed that the matter came to light after it was carried as a news item in some local newspapers.

The Inquiry Committee is of the opinion that when the burning of the newspaper came to the notice of the police through a news item, nothing prevented them to register the case and investigate the matter and bring the culprit to justice. The Inquiry Committee would like to observe that lodging of a formal report by an individual is not necessary for investigation and in matters like these where the freedom of press is under threat, it was incumbent upon the police to register the case and investigate the matter. In the facts and circumstances of the case, the Inquiry Committee directs the Director General of Police to ensure that a case be registered on the basis of the news report and investigation as permissible in law initiated and concluded within a reasonable time. With the aforesaid direction, the Inquiry Committee recommends for disposal of the case and drops the proceeding. 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 case with the directions to Police Authorities.

Press Council of India S. No.14 F.No.13/172/17-18-PCI.

Suo-motu cognizance with regard to assault on journalist-Shri Biplab Dey by timber smugglers in Meghalaya.

Adjudication dated 22.8.2019 Facts

The Press Council of India has come across through various news reports that a journalist-Shri Biplab Dey was assaulted by the timber smugglers in Meghalaya. It was reported in the news item that a freelance journalist-Shri Biplab Dey from Garo Hills, was assaulted by timber smugglers on 23.1.2018 in Athiabari, West Khasi Hills District, Meghalaya. The journalist was assaulted when he went to capture the evidence of illegal transportation of timbers. It was also reported that the culprits took away the camera and mobile phone of the journalist to destroy evidence.

While taking suo-motu cognizance of the matter, a Report on Facts of the case was called for from the Government of Meghalaya on 1.2.2018. The Shillong Press Club was also requested on 7.2.2018 and 13.3.2018 to provide complete detail of the incident but no reply was received. Reply of Home Department, Govt. of Meghalaya Smt. D.M. Nongrum, Under Secretary to Govt. of Meghalaya, Home (Police) Department, Shillong vide letter dated 9.3.2018 informed that the police received a written report on 24.1.2018 from one Shri Klethon Sangma of Siminaguri village to the effect that on 23.1.2018, some unknown persons, who claimed themselves to be members of the media came in a drunken state to Siminaguri village and demanded money from the drivers of two trucks carrying logs (numbers not known), where they created trouble and tried to attack the truck drivers. It was further informed that the truck drivers, however, managed to flee from the spot and in this connection, a case was registered vide Mawshynrut Police Station Case No.2(1)2018 under Section 384/506/511/34 IPC.

According to her, on the same day i.e. 24.1.2018, another written report was received from one journalist, Shri Biplab Dey of Sepoy Colony, Tura, to the effect that on 23.1.2018 at around 9:00 p.m. he had stopped two timber trucks, who were smuggling timber at Siminaguri village but the trucks managed to escape. After that he along with his driver left the place. At 10:00 p.m., on receiving information that a group of smugglers led by Shri Sugriv Rabha of Gamerimura village, Assam is smuggling the timber, he along with his driver went back to the spot. When he reached the spot, he was assaulted by the timber smugglers and the truck drivers without any warning. His driver managed to escape but he was assaulted and got beaten on his face, head, chest, legs and on the back. They also stole his laptop, camera and destroyed his mobile phone. In this connection, a case was registered in Mawshynrut Police Station Case No.3(1)2018 under Section 323/379/427/34 IPC. Smt. Nongrum has stated that both the cases are presently under investigation.

Shri G.K. Iangrai, MPS, Asstt. Inspector General of Police (E), Office of the DGP, Meghalaya Shillong vide his letter dated 26.3.2018 has added that in Case No.2(1)18, the named accused-Shri Biplab Kumar Dey was not arrested but was issued Notice under Section 41 A Cr.PC and is cooperating in the investigation. He has further added that in Case No.3(1), the named accused-Shri Surgriv Rabha and others have not been arrested as they are still absconding. He has informed that both the cases are still under investigation.

Reply of I&PRD, Govt. of Meghalaya

The Under Secretary to Govt. of Meghalaya, Information & Public Relations Department, Shillong vide letter dated 19.4.2018 has informed that their office does not have any official records relating to Shri Biplab Dey and he is not even officially recognized as a journalist, therefore, no action taken report could be taken from their end.

Further Communication from Home Department, Govt. of Meghalaya Smt. D.M. Nongrum, Under Secretary to Govt. of Meghalaya, Home (Police) Department, Shillong vide letter dated 19.4.2018 has informed that in connection with Mawshynrut PS Case No.2(1)18 under Section 384/506/511/34 IPC, the named accused in the instant case is Shri Biplab Kumar Dey. The accused person was not arrested but was issued Notice under Section 41A Cr.P.C. and is cooperating in the investigation. She has further informed that in connection with Mawshynrut PS Case No.3(1)18 under Section 323/379/427/34 IPC, the named accused in the instant case are Shri Sugriv Rabha of Ghamerimua, Assam and others. The accused persons have not been arrested as they are still absconding.

The Under Secretary, Home (Police) Department, Govt. of Meghalaya, Shillong vide further letter dated 23.8.2018 has informed that the PS Case No.2(1)18 u/S 384/506/511/34 IPC, the name of the accused, Shri Biplap Kumar Dey is cooperating in the investigation. The case is pending for recording the statement for more witness and further investigation. Regarding PS case No.3(1)18 u/S 323/379/427/34 IPC, the name of the accused, Shri Sugriv Rabha was arrested and released on bail from the court. The case is still pending for the arrest of the other co-accused and further investigation.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 28.5.2019 at New Delhi. Ms. Aprajita Mukherjee, Advocate represented the Govt. of Meghalaya. The alleged assault of a journalist by timber smugglers is the subject matter of this suo-motu inquiry. Ms. Aprajita Mukherjee appears on behalf of the State of Meghalaya and has filed an affidavit sworn by Mr. D.K. Iankra on 13thof May, 2019. The Govt. of Meghalaya has also submitted a Report intimating that on the basis of allegation of extortion from the truck owner, a case has been registered against the journalist and on the basis of allegation made by the journalist, a case has been registered against alleged smugglers. In the affidavit sworn on 13.5.2019 on behalf of the State of Meghalaya, nothing has been stated about the status of the pending investigations. In fact, from the letter dated 1st of August, 2018 of the Assistant Inspector General of Police, it appears that the matter is still under investigation. When Inquiry Committee enquired from the Counsel, Ms. Mukherjee, about the status of the case, she was unable to give any concrete answer. The cases referred to above have been registered as back as on 24th of January, 2018 and till today investigation is still pending. The Inquiry Committee is of the opinion that keeping the matter pending for investigation in cases like this tells volume about the inefficiency of the Investigating Officer. In the facts and circumstances of the case, the Inquiry Committee directs the Director General of Police of the State of Meghalaya to ensure that investigations of the cases are concluded within 45 days from today. With the aforesaid direction, the Inquiry Committee drops the proceeding 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 drop the proceedings in the matter.

Press Council of India

S.No. 15 F.No.13/128/18-19-PCI.

Suo-motu cognizance with regard to attack on journalists at Ranchi on Jharkhand Foundation Day i.e. 15.11.2018. Adjudication dated 22.08.2019 Facts

The Press Council of India has come across the news reports regarding lathi- charge on the journalists by the police at Ranchi on 15.11.2018 during coverage of Jharkhand Foundation Day. It has been reported that the journalists were attacked by the police while covering the lathi-charge on adhoc-teachers, who were protesting to regularise them on the occasion of Jharkhand Foundation Day on 15.11.2018. Several journalists were injured during the lathi-charge.

A Report on Facts of the case was called for from the Government of Jharkhand on 22.11.2018. Simultaneously, Hon’ble Chairman, Press Council of India vide Order dated 22.11.2018 constituted PCI’s three-Member Fact Finding Committee comprising of S/Shri Vijay Kumar Chopra, K.D. Chandola and Kamal Nain Narang to enquire into murder of Shri Chandan Tiwari and was also asked to look into this instant matter.

Reply of Inspector General of Police, Ranchi The Inspector General of Police (Human Rights), Office of the Director General & Inspector General of Police, Government of Jharkhand, Ranchi has addressed a letter dated 21.2.2019 to the National Human Rights Commission (NHRC), New Delhi giving reference to a complaint filed in NHRC by Shri Vishan Ranjan Daftuar, Gaya, Bihar and its copy was endorsed to PCI. It has been stated that the Senior Superintendent of Police, Ranchi in his Report intimated that during Jharkhand Foundation Day on 15.11.2018, a heavy security force outsourced from different districts was deputed to maintain law and order, which was not familiar with the local journalists. It has been further stated that on apprehension that some adhoc-teachers could have disturbed the programme of Jharkhand Foundation Day, teachers were singled out/spotted out and several teachers were stopped and arrested. It has also been stated that due to similar dresses of the teachers and journalists, it was difficult to identify them. However, several teachers reached at the programme place by hiding their identity and they started protest against the Government. Therefore, security personnel started to force them out from the programme place due to which thousands of teachers became violent and started moving towards the stage with lathis and stone pelting. With a view to protect VIPs and to manage the programme properly, on the directions of Sub-Divisional Magistrate, Sadar Ranchi, the teachers were warned on loud-speaker but despite that, they started pelting stones, damaging chairs and public property. Thereafter, in order to scatter mob, wild force was utilised to maintain law and order. Meanwhile, some media persons got injuries inadvertently, however, police personnel had not intended to target or hurt the journalists.

Report of the Fact Finding Team The Fact Finding Team of Press Council of India visited Jharkhand on December 1, 2018 and met with the Government Authorities, Press Associations and the journalists. The Team in its Report inter-alia concluded that the Sr. Superintendent of Police and DC, Ranchi are responsible for lathi-charge. The steps taken by local media was not enough to elicit any action from the authorities, who had turned a blind eye for the incident and its consequences. The Council in its meeting held on 15.2.2019 while adopting the Report of the Fact Finding Team resolved to refer the matter to be placed before the Inquiry Committee for appropriate recommendations. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 28.05.2019 at New Delhi. Mr. Anmol Homkar Vinukanti (I.P.S), D.I.G Ranchi, appeared on behalf of the respondent Police Authority. The attack on the Journalist in Ranchi is the subject matter of the suo-motu inquiry. Mr. Amit Kumar Singh, the Deputy Superintended of Police, Ranchi appears and states that the journalists did get injuries in the lathi charge but it was not intentional and has expressed regret for such assault on them. The Inquiry Committee is of the opinion that the act of assault on the journalist was not intentional and in view of the unconditional apology tendered by the Superintendent of Police, 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 drop the proceedings.

Press Council of India S. No. 16 F.No.13/121/17-18-PCI. Suo-motu cognizance with regard to arrest of Shri G. Bala, Freelance Cartoonist by Tamil Nadu Police.

Adjudication dated 22.8.2019 Facts

The Press Council of India has come across through various news reports that Shri G. Bala, Freelance Cartoonist was arrested by the Tamil Nadu Police. It was reported in the news items that Shri G. Bala, a freelance cartoonist based in Tirunelveli, has been arrested by Crime Branch wing for a cartoon he posted on social media criticising the District Administration and Chief Minister Edappadi K. Palaniswami. The cartoon that led to his arrest criticised Tirunelveli Police Commissioner, District Collector and the Chief Minister holding them responsible for the death of an entire family, who self-immolated before the Tirunelveli Collectorate two weeks ago. The cartoon shows a burning child lying on the ground, evidently immolating, while the Tirunelveli Police Commissioner, the Collector and the Chief Minister gathered around the child, with their eyes downcast, covering their nudity with cash bundles. According to a top government official, Bala had posted the cartoon on October 24 night. “Over 38,000 people shared the cartoon. It was further reported that taking notice of the cartoon, the District Collector reported the matter to the Chief Secretary and the DGP has ordered the arrest”, the officer said. The Police said he was arrested under Section 67 in the Information Technology Act (Punishment for publishing or transmitting obscene material in electronic form) and Section 501 of the IPC (Printing or engraving matter known to be defamatory). Reply from D.I.G., Chennai, TamilNadu Shri T.K. Rajendran, IPS, D.I.G., Tamil Nadu, Chennai vide letter dated 25.10.2018 informed the Council that on 31.10.2017, the Superintendent of Police , Tirunelveli District received a complaint from Shri Thiru N. Sandeep, IAS, Collector in which he has stated that on 24.10.2017, an incidence of self immolation of four members of a family took place in Tirunelveli Collectorate premises. In this connection, a cartoonist by name Shri Thiru G. Bala published an obscene cartoon in the social media through his personal face book page denigrating the Hon’ble Chief Minister of Tamil Nadu, District Collector and Commissioner of Police, Tirunelveli City. Based on this, a case in Tirunelveli DCB Cr. No. 21/17 U/S 501 IPC and Sec 67 Information Technology Act 2000 was registered on 1.11.2017. During the course of investigation, the Investigating Officer after adhering to the mandatory procedures and recording his confession in the presence of witness, arrested the accused Shri Thiru G. Bala on 5.11.2017 at Kovur, Chennai. The Judicial Magistrate, Tirunelveli granted bail to him. He has submitted that being a responsible member of the Press, Shri Thiru G. Bala cartoonist ought to have followed the professional ethics and exercised reasonable restraint and presented a cartoon in a much better and acceptable manner. Shri Thiru G. Bala filed a petition before the Hon’ble Madurai Bench of Madras High Court vide Crl.OP.No. 15546/17 and Crl.MP.No. 10350/17 with a prayer to quash the FIR in Cr. No. 21/17 and to stay all further proceedings. After hearing the case on 15.11.2017, the Hon’ble Court passed an interim Order granting stay for a period of three weeks. The quash petitions filed by the accused came up for hearing on 9.10.2018 and the case is now posted for 31.10.2018. Since the above matter is sub-judice, the enquiry in this regard may be dropped. Communication received from Inspector of Police, Tirunelveli The Inspector of Police, Serious Crime Squad, District Crime Branch, Tirunelveli has filed the statement in the matter at the time of hearing held on 27.5.2019. She, while reiterating the development in the matter, has submitted that the further proceeding in Crime No. 21 of 2017 is stayed by Hon’ble Madurai Bench of Madras High Court and hence the investigation in the said case is kept in abeyance. The case is being dealt with utmost sincerity and most vigilant as per rules of law. Hence there is no violation of the freedom of the Press. On the other hand, the act of Shri G. Bala amounts to violation of Press ethics. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 26.6.2019 at Hyderabad. Shri K. Amarnath, Former Member, PCI represented the Freelance Cartoonist, Shri G. Bala. Dr. P.VE.Arunshakthikumar, Superintendent of Police and Shri V. Manuvel Raj, Legal Officer to S.P. represented the Police Authority. Shri M. Yogesh Kanna, Advocate represented the Govt. of Tamil Nadu. The arrest of a journalist for drawing a cartoon is the subject matter of this suo motu inquiry. In the letter dated 7th June 2019 of the Additional Chief Secretary to the Government, it is stated that an application for exemption from personal appearance of the Chief Secretary and the Director General of Police was advised by the Secretary of the Council. To put the record straight, the Inquiry Committee may mention herein that it was on 27th May 2019, the counsel for the State made that statement, therefore, the Additional Chief Secretary does not seem so to be right in saying so. The Inquiry Committee considered the prayer of the Chief Secretary, the Director General of Police and the Home Secretary for their exemption from personal appearance. The Inquiry Committee accedes to the prayer and exempt them from their personal appearance. Mr. Yogesh Kanna, counsel for the respondents states that the subject matter of this inquiry is pending before the High Court of Madras. In view of the aforesaid, 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 drop the proceeding in matter for being sub-judice.

Press Council of India

S. No. 17 F.No.13/38/18-19-PCI.

Suo-motu cognizance with regard to arrest of Shri Mohammad Subhan, Sr. Journalist by Telangana Police.

Adjudication dated 22.8.2019 Facts

Former Members, PCI vide email dated 8.6.2018 drew the attention of the Council towards arrest of Shri Mohammad Subhan, Sr. Journalist by Telangana Police. It has been informed that the police arrested him on 26.5.2018 in Hyderabad and foisted a fabricated case against him alleging that he was spreading rumours through his writings. It has been further informed that Shri Subhan exposed the graft and inefficiency in the police through his reportage in the last few months. Some senior police officers, who were sour with him over his reports, implicated him in a false case and sent him to jail. It has also been informed that the police implicated him in a false case to frighten other reporters from exposing their misdeeds and observe self censorship. While taking suo-motu cognizance of the matter, Notice for Reply Statement was issued to the Government of Telangana on 13.6.2018.

The Director General of Police, Telangana, Hyderabad vide reply dated 18.9.2018 has informed that the issue was enquired. A complaint was received at Chandrayangutta Police Station, from Shri Mohd. Abdullah, in which he stated that on 26.5.2018 at about 11.40 pm, there was huge gathering at Babanagar main road beside Deccan Medical Hall, three unknown persons, who seemed like transgenders were being beaten up. On reaching the spot, police contingent found a gathering of about 200-300 people, surrounding the three transgenders, seeing police patrol vehicle, people became aggressive, shouted and attacked, the patrol vehicle and damaged side glass mirror of the Government vehicle. The mob also pelted stones on police, due to which some police personnel received injuries. Finally, with great effort, the police party rescued injured Sri Swamy, Sri Narsimha and Ponakandi Chandraiah from the spot and shifted them to Osmania General Hospital for treatment. The DGP also stated that the reason behind the attack on transgender was the rumours spread in social media for the past 15 days, that some people are kidnapping the children. One of the strong thread of these rumours, which went viral, was circulated by reporter, Mohd Subhan. Being a responsible reporter, he acted in gross irresponsible manner, circulated false information, provoking people and leading to commission of this serious crime and public order situation. The police after due investigation, apprehended the accused, Mr. Mohd Subhan. He has further stated that during the enquiry, he confessed that he is running a WhatsApp TV News Channel, in which he is posting current issues, news, social activities etc., without verifying the authenticity. The accused, Mohd Subhan irresponsibly circulated the provocative message, which is fake, on What’s App without verifying the facts, which created terror among the people of Hyderabad City. Mr. Mohd Subhan was arrested for commission of offence U/s 109 IPC R/w 302,307,332,427,147,148,, r/w 149 IPC & Sec 3(2) (5) of SC/ST (POA) Act, 1989 and produced before Hon’ble Court for judicial custody on 30.5.2018. He has further stated that the allegation made on the arrest of accused Mr. Mohd Subhan, Senior Journalist is far from the truth and his arrest is justified and is in accordance with the law.

Further reply dated 25.5.2019 filed by Jt. Commissioner of Police, Hyd. The Joint Commissioner of Police, Special Branch, Hyderabad vide Report dated 25.5.2019, while reiterating the Report filed by D.G.P. Telangana, Hyderabad, has submitted that due to rumours about children being kidnapped and it being spread by accused persons including Mohd Subhan, Reporter , created terror among the people of Hyderabad city. Posts and message circulated by Mohd. Subhan may be read as follows:

“तेलंगाना के महबूबनगर 2 टाउन क्षेत्र मᴂ आवाम सड़कⴂ पर #बबहार# उत्तर प्रदेश के छोटे ब楍चⴂ को ककडनैप करने वाली गℂग को रंगे हाथो पकड़ा।

यह वाकया कु छ देर पहले का है कु छ डृग एडडकटेड ब楍चⴂ को ककडनैप करके दसू रे देश मᴂ बेच रहे है......

आवाम परेशान पुललस की सुती। He has further stated that the allegation made on the arrest of accused Mr. Mohd Subhan, Senior Journalist is far from the truth and his arrest is justified and is in accordance with the law. The Inquiry Committee vide its Order dated 27.5.2019 directed Mr. Mohammad Subhan, Senior Journalist to appear before it in next date. Reply filed by Mr. Mohammad Subhan Mr. Mohammad Subhan vide his reply dated 26.6.2019 informed the Council that on many occasions, he had highlighted the inaction of the Police in certain cases to draw the attention of higher authorities to ensure good policing and justice to common people. This attracted rage from the cops and they developed a personal grudge against him. Every now and then they would call him to the Police Station and threaten for dire consequences. He submitted that the Police had implicated him in the case related to death of a transgender Ponakandi Chandriah to conceal its inaction and failure to control the situation in crime No. 138 of 2018 of Chandrayangutta Police Station. He has further submitted that he has never posted any video or audio related to rumour of the kidnapping of Children by transgender. He is not running a “ Whats up TV News Channel.” However he was associated with the said media house which was cable TV network in nature which was closed in the year, 2017. The said instances of kidnapping of Children were reported in media and on social media some people posted content to alert the people about the instances of kidnapping of Children, but no incident of mob lynching occurred there before the said particular incident. He has submitted that the shown content was posted by him and the said content was not inflammatory in nature. Report of the Inquiry Committee The matter came up for final hearing before the Inquiry Committee on 26.6.2019 at Hyderabad. Shri Mohammed Subhan, Senior Journalist appeared in person alongwith Shri K. Amarnath. Shri Ambar Kishor Jha, DCP South Zone represented the Police Authority. The arrest of a journalist, Mr. Mohammad Subham is the subject matter of this suo motu inquiry. Mr. A K Jha, Deputy Commissioner of Police, South Zone appears and states that the subject matter of this inquiry is sub-judice before a Competent Court of Law. In view of the aforesaid, the Inquiry Committee is not inclined to proceed in the matter any further. The Inquiry Committee, accordingly, recommends for dropping of 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 drop the proceeding in the matter for being sub-judice.

Press Council of India

S. NO. 18 File No.13/74/17-18-PCI.

Complainant Respondents

Shri K.R. Subramanian, The Secretary, Reporter, Ministry of Information & Journal Juttysuns, Broadcasting, Madurai (Tamil Nadu). Government of India, New Delhi.

The Chief Secretary, Government of Tamil Nadu, Chennai (Tamil Nadu).

Adjudication dated 22.8.2019

Facts

The Ministry of Information & Broadcasting, New Delhi vide letter dated 11.8.2017 forwarded a copy of the representation dated 24.5.2017 of Shri K.R. Subramanian, Reporter, Journal Juttysuns, Chennai (Tamil Nadu) regarding reimbursement for his damaged camera for necessary action under intimation to the Ministry. Shri K.R. Subramanian, Reporter, Journal Juttysuns, Chennai in his letter dated 24.5.2017 stated that the police force lathi-charged the agitators in Tirupati during the visit of Shri Mahindra Rajapakshe, President of Sri Lanka on December 9-10, 2014 and his camera worth of Rs.50,000/- was totally damaged while taking the photographs. He further stated that now he is in a pathetic condition and could not take any photo due to want of camera. He has informed that he had made a representation to the Govt. of India on 14.12.2015 for reimbursement of the cost of camera but to no avail. He has requested to take necessary steps to reimburse the camera amount. Shri K.R. Subramanian, Reporter, Journal Juttysuns, Madurai vide his further letter dated 7.9.2017 informed that he was attacked by Sh. Pettikadai Ravi and his associates on 17.4.2017 while taking photos. He has alleged that they not only broke his teeth but also damaged his camera worth Rs.50,000/- and he had made a representation to the Ministry of Information & Broadcasting in this regard. While apprehending danger to his life, he has requested the Council to reimburse the cost of his damaged camera. A copy of the complaint was forwarded to the Ministry of Information &Broadcasting, Govt. of India, New Delhi and the Chief Secretary, Govt. of Tamil Nadu Chennai on 3.10.2017 for taking necessary action in the light of the recommendations made by the Council in its Report on “Safety of Journalist”. Reply of Ministry of Information & Broadcasting Shri Vijay Kaushik, Under Secretary, Ministry of Information & Broadcasting (MIB), New Delhi vide his reply dated 7.2.2018 has stated that the Council is very much aware that the Ministry of Home Affairs (MHA) vide OM dated 29.6.2016 informed that the existing laws in the country are adequate for protection of the citizens including journalists and it is primarily the responsibility of the employer/organisation to take care of welfare of its employees. He has further stated that the MHA vide letter dated 31.10.2013 also mentioned that “Police” and “Public Order” are state subjects under the Seventh Schedule (List-II) to the Constitution of India and hence state governments are primarily responsible for prevention, detection, registration and investigation of crime and also for prosecuting the accused criminals through the law enforcement machinery within their jurisdiction. He also stated that MHA had issued a comprehensive Advisory on prevention of crime and safety of journalists on 16.7.2010 and 20.10.2017 to all the State Governments/UTs. According to him, as per the guidelines prescribed under Journalist Welfare Scheme, assistance is available to the family of the journalist under extreme hardship on account of his death and to the journalist in case of permanent disability, major listed ailments and in case of accidents causing serious injuries necessitating hospitalization. He stated that there is no provision for any assistance/reimbursement for damaged camera in this scheme. Hence a copy of the representation of Shri K.R. Subramanian (complainant) was forwarded to the PCI. He has again requested the Council to take appropriate action in the matter under intimation to the MIB.

No response has been received from the Government of Tamil Nadu despite issuance of reminders dated 2.1.2018 and 19.2.2018.

Further communications from complainant

The complainant vide his further communication dated 18.5.2019 and 26.06.2019 while reiterating his complaint has stated that he is facing difficulties to cover up the events due to lack of camera. He has requested the Council to offer amount of camera so that he can continue as photographer.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 26.6.2019 at Hyderabad. Shri K.R. Subramanian, complainant appeared in person. Smt. K. Krishna Vandana, Media & Communication Officer, PIB represented the Ministry of I&B.

The complainant states that his camera worth Rs.50000/- was damaged while he was covering the visit of the Hon’ble President of Srilanka to Tirupati. He has filed an application addressed to the Secretary of the Council for reimbursement of the cost of camera. The Council does not have any fund for this purpose. In the facts and circumstances of the case, the Inquiry Committee directs that the application filed by the complainant be forwarded to the Chief Secretary and the Commissioner/Director, Public Relations to the Government of Tamil Nadu with a request to take decision on the prayer of the complainant within six weeks. With the aforesaid directions, the Inquiry Committee 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. 19 File No.13/130/18-19-PCI.

Complainant Respondent

Shri H. Yunas, The Director, President, Directorate of Information Thendral News Editors Association, & Publicity, Puducherry. Govt. of Puducherry, Puducherry.

Adjudication dated 22.8.2019 Facts

This complaint dated 12.11.2018 has been filed by Shri H. Yunas, President, Thendral News Editors Association, Puducherry against the Government of Puducherry for non-issuance of identity cards and advertisements to the weekly, fortnightly and monthly publications.

The complainant has stated that the existing Congress Government is not issuing identity cards to the Press Media people at Puducherry. They are giving advertisements for selected 16 dailies only from the past two and a half years and they are not caring about the rest of the dailies. He has further stated that the former Congress Government was issuing identity cards and advertisements regularly to many dailies and other publications. He has also stated that due to non-possession of identity cards, the press media people are not able to avail the benefits of welfare schemes, earmarked to the Press Media people. He has further informed that the identity card Committee has yet not been formed in Puducherry and therefore unable to get the identity cards from the U.T. Administration of Puducherry. He has requested to intervene in the matter and help them to get identity cards and regular advertisements.

Notice for Comments was issued to the Director, Directorate of Information & Publicity, Government of Puducherry on 29.11.2018.

Comments of Govt. of Puducherry

Shri M.M. Vinayaraj, Director, Directorate of Information & Publicity, Puducherry vide his comments dated 28.2.2019 has submitted that there is a Media Identity Card Recommendation Committee constituted for issuing Media Identity Card to the media persons in Union Territory of Puducherry vice (1) GO Ms. No.3 dated 28.6.2013 and (2) GO Ms No.7 dated 20.4.2015. The Committee consists of the Secretary to Govt. of Puducherry, Information & Publicity Department (its Chairman); Director of Information & Publicity (Member); Media Representatives: One each from Big and small newspapers, periodical and electronic media (Total 4, nominated by the Chairman); and Assistant Director, Information & Publicity (its Convenor). The respondent has further submitted that based on the above two GOs, meeting of the Committee held two times i.e. during the month of January, 2016 and February 2017. During the years 2016 & 2017, 60 and 15 media persons were issued Identity cards respectively. According to the respondent, since the term of non- official members was expired, the proposal for nominating four non-official members has been sent to the Government for approval/orders. After obtaining approval from the Government, meeting of the Committee will be convened to finalize issue of Identity card to the media persons. With regard to the allegation regarding non-issuance of advertisement, the respondent has submitted that Government advertisements are being released only to the selected 16 dailies since May, 2016. The Directorate is releasing two types of advertisements to the dailies/periodicals i.e. (i) tender notice, government functions invitations and classified ads, etc. and (ii) achievements of popular government in power. The tender notice, government functions invitations and classified ads, etc. given by the Government department are released only to the prominent leading dailies on rotation and rational basis. Since these type of advertisements are requiring instant publication and wider reach, it is not viable to release to small and medium newspapers/magazines i.e. weekly, fortnightly, monthly having limited circulation. However, the Directorate is extending advertisement support to the small and medium newspapers/magazines whenever the advertisement regarding achievements of Popular Government in power is released. The respondent has further stated that the advertisement of popular government in power was issued to all the dailies and periodicals till January 2016. Thereafter, it is restricted only to the dailies due to heavy financial crunch. The respondent has stated that subject to provision of sufficient fund, advertisement will be released to small and medium newspapers/magazines with the approval of Hon’ble Chief Minister. A copy of the comments was forwarded to the complainant on 15.3.2019 for information/counter comments. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 27.6.2019 at Hyderabad. There was no appearance on behalf of the complainant. Shri I. Ganapathy, PRO represented the respondent authority i.e I & PRD, Puducherry. This complaint has been filed by the President of the Thendral News Editors Association, Puducherry and their grievance is of non-issuance of identity cards and of giving advertisements to only selected 16 newspapers in the last two and a half years. The respondent has filed reply, in which it has been stated that for the purpose of issuance of identity cards, a Committee has been constituted and in the year 2016, sixty(60) cards were issued and upto February 2017, 15 cards were issued. Now that the term of the non-official members of the Committee had expired on October 12, 2017, there is no Committee to consider the issuance of Identity cards to the journalists. The Inquiry Committee is of the opinion that nomination of the non-official members in the Committee is to be done by the Government and if it has not nominated such members, the blame lies with them. The Inquiry Committee is not at all satisfied with this approach of the government. The representative of the respondent is unable to state before the Inquiry Committee, the time likely to be taken for nomination of non-official members in the Committee. This makes the situation worse. The Inquiry Committee is of the opinion that a callous, inaction of the Government of Puducherry in the reconstitution of the Committee which has resulted in non issuance of the identity cards to the journalists. As regards, the grievance of the complainant of giving advertisement to selected dailies, the plea of the respondent is the financial constraint. The advertisement has to be given in accordance with the advertisement policy and cannot be confined to selected dailies. This approach of the Government also needs to be deprecated. The Inquiry Committee, accordingly, directs the respondent Government of Puducherry to take steps for reconstitution of the Committee and nominate non- official members within six weeks from today. The Inquiry Committee further Deprecate the conduct of the respondent Government in giving advertisement to only selected newspapers and directs them to take such remedial steps as permissible in law so that the advertisement is given strictly in accordance with the policy. With the aforesaid directions, the Inquiry Committee 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 with the aforesaid directions.

Press Council of India S.No.20 File No.13/47/18-19-PCI. Complainant Respondent

Shri P. Sridhar, The Commissioner, Vice-President (Advtg. & Mktg.), Information & Public Relations Jagati Publications Limited Department, (Sakshi Daily), Government of Andhra Pradesh, Hyderabad. Vijayawada (Andhra Pradesh)

The Director, Information & Public Relations Department, Government of Andhra Pradesh, Vijayawada (Andhra Pradesh)

Adjudication dated 22.8.2019

Facts This complaint dated 13.6.2018 has been filed by Shri P. Sridhar, Vice- President (Advt. & Mktg.), Jagati Publications Ltd. (Sakshi Daily), Hyderabad against Government of Andhra Pradesh for discriminatory and unfair attitude towards them by denying Government Advertisements. The complainant has submitted that after the oral directions issued to the Government of Andhra Pradesh by the PCI, the State government had indeed observed the established norms and done justice to them in matters of allocation of advertisements. But, slowly the Government reverted to the earlier discriminatory stance against them in the form of releasing small advertisement in remote editions, finally omitting the publication altogether in matters of release of advertisements. According to the complainant, the Government of Andhra Pradesh is adamantly and wilfully flouting the directions issued by the PCI. According to the complainant, as per the established norms, Government must release advertisements in appropriate size to newspapers based on their circulation and readership. The complainant stated that the problems faced by their newspapers that since its inception they are enjoying a formidable reputation for its incisive and unbiased news reporting, analysis and editorials. It has constantly exposed wrongdoings, corruption and problems faced by the common people in its columns. According to the complainant, the action of the government not only illogical but also unreasonable when their newspaper is accredited by I&PRD and DAVP. The complainant has further stated that the dailies which are not accredited to DIPR, getting full page and colour advertisements from the Government, whereas their newspaper which is eligible, faces utter discrimination by being omitted from the media list on several occasions. Another blatant case of discrimination faced by their daily is in the matter of advertisement rate revisions. The established norm followed by successive governments is to revise the advertisement rate for all newspapers on a regular basis, however, the Government has in the recent past, revised the advertisement rate of some selected publications and ignored others, particularly their daily, which is eligible for rate revision, complainant stated. The illogical action is not only discriminatory, but intentionally designed to cause revenue loss to their daily. The complainant submitted that they have faced lot of problems caused by the unfair, illogical, unreasonable and blatant discrimination meted out to their daily. The government officials seem to be acting at the behest of a political party which is afraid of the reputation and influence of their daily. He has requested the Council to urgently intervene in the matter and resolve their grievance so that justice is done to their newspaper and it is allocated its fair share of advertisements and rate revisions in the public interest.

Notices for Comments were issued to the Commissioner and the Director, Information & Public Relations Department, Government of Andhra Pradesh, Vijayawada on 26.7.2018.

Comments

The Commissioner, Information & Public Relations Department, Government of Andhra Pradesh, Vijayawada vide his comments dated 10.9.2018 has informed that keeping in view of publicity requirements and availability of funds, a balanced and equitable placing of advertisements is being followed. The respondent has stated that Government advertisements are not intended to be a measure of financial assistance to newspapers. However, appropriate weightage is being given to only genuine newspapers which circulate news or comment on current affairs, etc. Regularity in publication is also to be considered as one of the criterion for release of Government advertisements. According to the respondent, their department has been releasing advertisements regularly both Classified and Display to the complainant’s newspaper “Sakshi”, Telugu daily on par with other newspapers. The respondent has submitted that advertisements of total Rs.617.32 lakhs were issued to the “Sakshi” w.e.f. April, 2017 to July, 2018.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 27.6.2019 at Hyderabad. Shri P. Shridhar, complainant appeared in person. Mr. N. Venkatesh, Regional Joint Director, represented the Information and Public Relation Department, Govt. of Andhra Pradesh. An application has been filed by the complainant seeking withdrawal of the complaint. The Inquiry Committee accords permission for withdrawal 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.21 File No.13/164/18-19-PCI.

Complainant Respondent

Shri B.R. Sharan Kumar, The Managing Committee, Editor, Bangalore Turf Club Limited, www.racingpulse.in (web portal), Bangalore, Bangalore (Karnataka) Karnataka.

Adjudication dated 22.8.2019 Facts

This complaint dated 27.12.2018 has been filed by Shri B.R. Sharan Kumar, Editor, www.racingpulse.in (web portal), Bangalore (Karnataka) against the Bangalore Turf Club Limited (BTCL) for allegedly manhandling and unlawful ejection from entering the premises of BTCL.

According to the complainant, he is a renowned senior journalist with 38 years of experience in journalism. He is also the India Correspondent for European Bloodstock News, UK. In the year 2007, he founded an online portal viz, www.racingpulse.in which provides all information relating to horse racing in India such as fixtures, results of races held across the country. The complainant has alleged that on 11.04.2018 without any prior intimation to him and any valid basis, the BTCL security personnel manhandled and physically assaulted him, without even considering that he is a senior citizen. Furthermore, they proceeded to unlawfully eject him from the premises of the BTCL. When he questioned the security personnel as to why he was being removed from the premises, they threatened him with further bodily harm. The complainant has informed that when he attempted to bring the incident to the attention of BTCL particularly to that of the Chairman, Shri Harimohan Naidu and the then CEO, Shri B. Shivaprasad, they deliberately avoided his calls. Thereafter, he addressed an email and a registered post with acknowledgement due to the BTCL seeking an explanation for the outrageous behaviour of the security personnel to oust him from the premises of BTCL but received no response. The complainant has alleged that the said untoward incident was carried out under the instructions of the respondents. The complainant has stated that the respondent did so because of a vendetta against him for bringing respondents’ misdeeds into light through articles. The complainant has further stated that he has lodged a complaint in the police station on 24.04.2018 but as the respondent has powerful connections and influence, his complaint was not investigated. The complainant has further stated that despite having good case on merits, no charge-sheet was filed against the respondent. According to the complainant, when the respondents realised that he would not yield to such pressure and would continue to report the truth, they have issued a legal notice dated 20.6.2018 falsely alleging defamation on his part, claiming damages to the tune of Rs.45 crores. This was nothing but another tactic to curtail his freedom of speech and expression under the threat of suing him for defamation. However, he issued a reply dated 3.7.2018 denying the allegations made by the respondents.

The complainant has requested the Council to take necessary action in the matter. Notice for Statement in Reply was issued to the Managing Committee, Bangalore Turf Club Limited, Bangalore on 25.1.2019.

Reply of Bangalore Turf Club Ltd.

The Secretary, Bangalore Turf Club Ltd., Bangalore vide his reply dated 17.02.2019 while denying the allegations has stated that the present complaint is misconceived and not maintainable. According to the respondent, the Council does not have the jurisdiction to entertain this complaint since the same emanates from decision taken by authorized functionaries of a private body in good faith and in accordance with its rules and regulations. The respondent has further stated that the complainant has been publishing highly defamatory articles and has made unsubstantiated remarks denigrating the reputation of the members of the Managing Committee, members of the Club, the horse owners, trainers and the entire management for instant publicity. The respondent has submitted that a legal notice was issued to the complainant on 20.06.2018. The respondent has stated that the complainant was using and uploading the videos of races conducted by the Club on his commercial website without the prior permission of the respondents. He has requested the Council to dismiss the complaint with exemplary costs.

Counter comments

The complainant vide his counter comments dated 2.4.2019 while reiterating his complainant has stated that the averments contained in the written statement is false, frivolous, vexatious, malicious and wholly baseless and malafide. He has further stated that the act of respondent of prohibiting the complainant from accessing the premises to make fair and accurate news reporting, results in suppression of the complainant’s freedom of speech and expression. He has also stated that the respondent’s allegation that the complainant was publishing highly defamatory articles since May 2017 is unsubstantiated. The respondents are making a wild charge without being able to pinpoint which article per se was defamatory, and why they consider it as libellous and they are blatantly lying when they claim that they have given the complainant notice about the articles published in his website and that they intimated their decision to deny entry to the complainant. The complainant further stated that there is no single evidence provided by the respondents in this regard in order to substantiate their claims.

The complainant vide his email dated 12.4.2019 has forwarded a report submitted by the Racing Monitoring Committee appointed by the Government of Karnataka as mandated by the High Court of Karnataka to go into the affairs of Bangalore Turf Club and also suggest measures to improve the integrity of racing. He has stated that the report vindicates the several points made by him in his articles for which Bangalore Turf Club took illegal action on the complainant which is before the Council pending adjudication.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 27.6.2019 at Hyderabad. Shri B.R. Sharan Kumar, complainant appeared in person. Shri Sriranga, Advocate and Shri Subbanna represented the Bangalore Turf Club Ltd. The Inquiry Committee has heard the complainant as also the Counsel for the respondent and is of the opinion that the grievance made by the complainant is absolutely misconceived. It, 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. 22 F.No.13/125/18-19-PCI.

Suo-motu cognizance with regard to death of Shri Chandan Tiwary, Journalist, Aaj in Jharkhand.

Adjudication dated 22.8.2019 Facts The Press Council of India has come across the news reports regarding death of Shri Chandan Tiwary, Journalist, Aaj, who was allegedly beaten by unidentified attackers in Chatra District, Jharkhand. The news reports states that the journalist was allegedly abducted and beaten to death in Jharkhand. It is also reported that he had filed a complaint of a threat to his life after receiving threat calls from miscreants and also stated that “following exposure of irregularities in PM Awas Yojna and construction of sheds for goat rearing on social media, he has been threatened of dire consequences by Mahesh Dangi, husband of local Mukhiya, Md. Serajul and an adhoc-teacher Devki Dangi.”

Taking Suo-motu cognizance in the matter, Notices for Statement in Reply dated 19.11.2018 were issued to the Government of Jharkhand. Simultaneously, Hon’ble Chairman, Press Council of India vide Order dated 22.11.2018 constituted three-member Fact Finding Committee comprising of S/Shri Vijay Kumar Chopra, K.D. Chandola and Kamal Nain Narang, Members of the Council to enquire into murder of Shri Chandan Tiwari and it was also asked to look into attack on journalists at Ranchi on Jharkhand Foundation Day on 15.1.2018.

Reply of Superintendent of Police, Chatra The Superintendent of Police, Chatra vide his reply dated 12.12.2018 has informed that on the complaint of Shri Raghuvir Tiwary, father of Shri Chandan Tiwary, a case No.53/18 dated 30.10.2018 under Section 364/302/201/34 IPC was registered in Police Station-Pathalgadda against T.S.P.C. Prashant, Mukesh Giri and others. A Special Investigation Team (SIT) was constituted under the supervision of the Divisional Police Officer, Simariya. During the investigation, two accused namely; Yamuna Prasad and Musafir Rana were arrested and sent to the judicial custody on 1.11.2018. Arrest warrant has been taken from the Hon’ble Court for arresting of another accused namely; Pintu Singh and he would be shortly arrested. Another accused referred in the FIR, T.S.P.C. Commander Prashant was also arrested and taken on police remand for inquiry. Reply of Inspector General of Police, Jharkhand The Inspector General of Police (Headquarter), Office of the Director General & Inspector General of Police, Government of Jharkhand, Ranchi vide his letter dated 18.1.2019 while forwarding a copy of the reply of the Superintendent of Police, Chatra has reiterated his reply.

Report of the Fact Finding Team The Fact Finding Team of Press Council of India visited Jharkhand on December 1, 2018 and met with the Government Authorities, Press Associations and the journalists. The Team also visited to the residence of Shri Chandan Tiwari at Pathalgarh Village. The Team in its Report inter-alia concluded that the brutal murder of a young budding journalist could have been avoided. This is because the victim had informed the S.O. about the threats to his life from the Naxalite well in advance. Further Reply dated 25.5.2019 of Superintendent of Police, Chatra

The Superintendent of Police, Chatra vide his reply dated 25.5.2019 has informed that the Special Investigation Team has been constituted in the matter and registered case under Sections 364/302/201/34 IPC and 17(1)(2) C.L.A. Act against (i)Shri Pintu (ii) Shri Yamuna Prasad and (iii) Shri Musafir Rana (iv) Shri Prashant, T.P.C., a banned Naxalite outfit. It has come to light that in the year 2016-2017, Shri Pintu got a contract of constructing lake in the village. There were reports of irregularities in the construction of lake. Thereafter, the deceased, Shri Chandan Tiwary published the story of irregularities done by Shri Pintu in his newspaper, Aaj Dainik Samachar. Following the news published in the newspaper, the officer of the concerned Department investigated the matter and the allegations against Shri Pintu found to be true. Aggrieved with the act of the Reporter, Shri Pintu along with his friends, Yamuna Prasad and Musafir Rana persuaded the Reporter to have wine and took him on the bike in the jungle where he was assaulted and he sustained grave injuries which led to his death. After the investigation, cases have been registered against Shri Prashant, T.P.C. ,a banned Naxalite outfit under Sections 147/148/149/307/353 IPC and 25(1- B)/26/35 Arms Act and also 17(1)(2) C.L.A. Act. He is under judicial custody at Simariya (Palamu) Police Station. Shri Pintu and his accomplices, Shri Yamuna Prasad and Shri Musafir Rana have been arrested by Special Investigation Team. The allegations against Shri Mukesh Giri could not be proved. An application has been filed before the Dy. Commissioner for compensation and job to the family of the deceased Reporter. Report filed by Dy. Inspector General of Police Dy. Inspector General of Police, Hajaribagh, Office of D.G.P, Jharakhand vide letter dated 19.7.2019 has forwarded Report dated 5.7.2019 whereby, while reiterating aforesaid Report, it has been stated that the reason behind the murder of Shri Chandan Tiwary is the news related to irregularities in construction of lake. It has also come to light that Shri Chandan Tiwary was in inebriated state when he was murdered by three persons known to him. The Report states that the Police is taking action against the T.P.C organisation. Many of the places of the organisation have been raided and some senior leaders of the organisation have been arrested and imprisoned. The Report further states that the S.P. and Deputy S.P. conducted Press meets to know the threat perception of the local reporters so as to take timely remedial steps.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 8.7.2019 at Patna. The murder of Shri Chandan Tiwary, a journalist is the subject matter of this suo motu inquiry. It is a common ground that Mr. Tiwary had threat to his life from before. When the Inquiry Committee took up the matter on 28th May 2019, it directed the Police Authority to explain the specific steps which they had taken to prevent this murder. Mr. Akhilesh Variar, Superintendent of Police, Chatra appears and explains to the Inquiry Committee the steps taken up by the Police Authority to prevent the murder. He also informed the Inquiry Committee that a police officer found responsible for not taking appropriate steps to prevent the occurrence, has been transferred to the police line and a Departmental proceeding initiated against him. He states that the departmental proceeding shall be concluded within two months. He also explained to the Inquiry Committee that now the Police Authorities have started monitoring the social media, so as to understand the threat perception to the journalists. He also states that a monthly meeting is held with the Bureau Chiefs of all the newspapers, so as to understand their view point on threat perception. The Inquiry Committee is satisfied with the steps taken 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 drop the proceeding.

Press Council of India

S.No 23 File no. 13/147/17-18/PCI

Complainant Respondent Shri Pranab Sarkar, The Chief Secretary, General Secretary, Govt. of Tripura, Tripura Journalist Union, Agartala(Tripura) Agartala The Director, Department of Information & Cultural Affairs, Govt. of Tripura, Agartala

Adjudication dated 22.8.2019

Facts

This complaint dated 4.12.2017 has been filed by Shri Pranab Sarkar, Secretary, Tripura Journalist’s Union, Agartala (West Tripura) against Information & Cultural Affairs (ICA), Govt. of Tripura for allegedly violating Model Accreditation Rules-2014 framed by the Press Council. The complainant has stated that the move of the Director, ICA regarding formulation of accreditation rules for the working journalists is appeared to be non- compliance of Model Accreditation Rules -2014 of PCI. According to the complainant, the notification has included a clause of educational qualification for the journalists’ mandatory seeking accreditation under new rules. In fact, only less than half of the working journalists of Tripura have so far been accredited by the State Govt. most from the capital city, based on the quota allotted to the particular media house. He has further stated that after inclusion of the education clause essential, most of the photo journalists and television journalists despite having sufficient professional experience would not be eligible for getting accredited. He has also stated that the academic qualification is not considered as an essential criterion to recognise as journalist in India that they believe as deliberate move to curtail the privilege of journalists. According to him, there have been grievances against the State Government that accreditation committee is formed with the journalists considering their political alignment. As a result, they had lodged a complaint with PCI last year and after due investigation, PCI issued a direction to Tripura Govt. for formation of accreditation rules. But while initiating move to reconstitute the committee, the government adopted an unfair and most undemocratic mean, which clearly shows the intention of the government to regulate media. The complainant has further stated that the notification regarding formation of new accreditation rules, most objectionably the government decided to choose the members from the recognised journalists’ trade unions. The decision made them convinced that the government wanted to constitute a puppet committee to regulate the media and deprive the genuine journalists of their privileges. The complainant has informed that the journalist organisations and trade Unions have been fighting for providing accreditation card to the journalists working in the Sub-division level for more than a decade and end up the quota system for the media house. The new rules are silent about such vital issues and the government is adamant not to extend the privilege to all section in the profession he has requested the Council to take necessary action in the matter. Notices for Statement in Reply were issued to the Chief Secretary ,Govt. of Tripura and the Director, Department of Information & Cultural Affairs vide Council’s letter dated 3.1.2018 followed by reminder dated 1.3.2018.

Letter dated 5.7.2019 received from Director, Information & Cultural Affairs, Govt. of Tripura

Shri Ratan Biswas, Director, Information and Cultural Affairs, Govt.of Tripura vide letter dated 5.7.2019 has forwarded a letter dated of Shri Pranab Sarkar, General Secretary, Tripura Journalist Union wherein he has stated that the newly formed State Govt. has fulfilled their demands. Therefore, they have no complaint to the Press Council of India.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 8.7.2019 at Patna. Neither the complainant nor the respondent has chosen to appear. The complainant has filed an application, inter alia, praying that their grievance has been remedied by the government, they have no complaint against the Government and therefore they do not want to pursue this complaint. With the aforesaid observation, the Inquiry Committee drop 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 drop proceedings in the matter as grievance of the complainant has been redressed by the Government.

Press Council of India

S.No. 24 F.No.13/31/18-19-PCI.

Complainant Respondent

Shri C. Lalhmachhuana, The Chief Secretary, General Secretary, Government of Assam, Mizoram Journalists’ Association, Dispur, Guwahati (Assam) Aizwal Press Club, Aizwal (Mizoram). The Secretary, Home (Police) Department, Government of Assam, Dispur, Guwahati (Assam)

The Director General of Police, Assam Police, Guwahati (Assam)

Adjudication dated 22.8.2019

Facts

This complaint dated 13.3.2018 has been filed by Shri C. Lalhmachhuana, General Secretary, Mizoram Journalists’ Association, Aizawal (Mizoram) against Police Authorities, Government of Assam wherein he has alleged that seven journalists from Mizoram were assaulted by the Assam police at ZophaiBairabi (Mizoram) near Assam border while executing a ground report. According to him, on 8.3.2018, journalists namely; (i) Sh. Zohmingmawia, New Editor, The Aizawl Post; (ii) Sh. Joseph Lalnuntluanga, Reporter, ZONET Cable TV; (iii) Miss C. Lalthansangi, Reporter, All India Radio, Aizawl Station; (iv) Miss Embassy Lawbei, Reporter, News 18; (v) Sh. Zomuanpuia, Editor, Zingtian; (vi) Sh. H.Vanlalnghaka, Reporter, Doordarshan Kendra; and (vii) Sh. R. Lalnunmawia, Editor, Duhlai had gone to Zophai to perform a ground report as tension between Mizo Zirlai Pawl and Assam Police escalated which led to a lathi-charge. Despite of their repeated appeals and identifying themselves that they are journalists by displaying their press identity cards to the Assam Police, two journalists were relentlessly beaten with lathis. He has further informed that the injured journalists were taken to different hospitals for treatment. He has alleged that the Assam Police damaged a motor cycle belonging to one journalist. The complainant has further informed that on 10.3.2018, tension escalated between Mizo Zirlai Pawl and the Assam Police, five more journalists including two female journalists were mercilessly assaulted by Assam Police. They were beaten with lathis by the police as they were executing a ground report. The complainant has further informed that the Assam Police were armed with guns, shots were even fired towards the crowd. He has stated that some of the journalists are still receiving treatment. He has requested for necessary action.

A Report on Facts of the case was called for from the Government of Assam through its Chief Secretary, Secretary (Home) and Director General of Police on 4.6.218 followed by a reminder dated 4.9.2018.

Reply filed by Assam Police The Assistant Inspector General of Police (Admn.), Assam Police Headquarter, Guwahati vide letter dated 18.9.2018 has forwarded a copy of the report of the Superintendent of Police, Hailakandi, Assam. It is stated in the Report that on 27.2.2018, information was received by them from police personnel of Bhaicherra BPO that a signboard was placed in the name of MZP (Mizo Zirlai Pawl), Student Organization of Mizoram beside the NH-154 in Kachurthal area under Ramnathpur Police Station, District-Hailakandi, Assam. The signboard also contained “Site for Zofate Chawibuk” (i.e. site for rest house) and beneath the signboard, there was a makeshift bench on a wooden structure. The Ramnathpur P.S. police party dismantled the signboard and bench. In the meantime, about 50 people accompanied by Mizoram Police came to the spot and started screaming as to who had dismantled their signboard and bench. Further, they started construction of a waiting shed beside the road. Assam police personnel resisted them stating that the land belongs to the State of Assam and they should not construct a waiting shed like this in the territory of Assam illegally. The illegal encroachers of Mizoram including the government officials did not pay any heed to the repeated requests of officials of government of Assam and rather remained adamant. The SDO, Katlicherra and the Police officials present had a long discussion with the Commandant, 1st Mizoram IR Bn, the SDO, Kolasib, Mizoram and the SDPO Kolasib, Mizoram (who were in the group of Mizoram for illegal construction) to tackle the situation without any untoward incident.Accordingly, in order to avoid serious law & order situation, the officials with the police personnel moved away from the spot for the time being. It is also stated in the report that the allegations levelled against the Assam police of unprovoked firing and brutal assault on Mizoram Journalists and others are totally baseless and malafide, as the lathi charge and firing in the air were only resorted to ward off the assault on Assam Police personnel on duty who were assaulted by unruly mob, as the measure of last resort after all other alternatives had been explored and had failed to rein tin the unruly, frenzied assemblage of MZP volunteers. The superintendent of Police, Hailkandi in its report with regard to allegations levelled against the Assam Police, also stated that the area is not ZophaiBairabi falling under Kolasib District of Mizoram rather it is Kachurthal falling under Hailakandi District of Assam. Secondly, if at all there were reporters/media persons in that unruly mob, they were not carrying badges, identity cards etc. Therefore, as alleged that some journalists were beaten by Assam police despite showing their identity card is not true as nobody tried to show the police any such identity. Therefore, the allegations of unprovoked firing and brutal assault against Assam Police are false and completely baseless as all the actions taken by Assam Police were as per law of the land observing the due process of law and following the lawful orders of competent authority.

Reply filed by Home & Political Department The Home & Political Department, Government of Assam in its reply dated 23.10.2018 has stated that several attempts of encroachment were made by a group of Mizo people under the banner of MZP along with Assam-Mizorma border in the Hailakandi district of Assam in the period 28.2.2018 to 14.3.2018. The matter was taken up by the Deputy Commissioner and the Superintendent of Police, Hailakandi with their Mizoram counterparts. Further, the Government of Assam also took up the matter with the Chief Secretary, Mizoram and the Director General of Police, Mizoram on 7.3.2018 through a Walkie Talkie message to take pre-emptive measures as any confrontation might lead to serious intra-state border problem. Regarding reply statement in the matter he has submitted that the allegations levelled against the Assam Police of unprovoked firing and brutal assault on Mizoram Journalists and others are totally baseless and malafide, as the lathi charge and firing in the air were only resorted to ward off the assault on Assam Police Personnel on duty who were assaulted by the unruly mob as a measure of last resort after all other alternatives had been explored and had failed to rein in the unruly, frenzied assemblage of MZP volunteers. Further, the allegations of assaulting journalists by Assam Police despite showing their identity card is not true as nobody tried to show the Police any such identity. Further Communication from Mizoram Journalists’ Association In response to Council’s email dated 4.6.2019 whereby the Mizoram Journalists’ Association was asked to file Declaration, the President, Mizoram Journalists’ Association vide his email dated 10.6.219 has informed that they have not filed any case in any court of law about the brutal attack on the members of Mizoram Journalists’ Association by the Assam Police. However, certain persons filed a case to the Assam Human Rights Commission in favour of the Mizoram Journalists, as declared in the letter dated 1.6.2019 of Commissioner, Barak Valley Division, Assam whereby members of Mizoram journalists, who suffered brutal attack of the Assam Police have been summoned to appear before him on 17.6.2019 in connection with Assam Human Rights Commission’s case No.2393/56/18-19. The complainant has stated that, as the said matters, they have no idea for filing up of the PCI Declaration and therefore, he has sought advice of the PCI. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 8.7.2019 at Patna. Despite service of notice, complainant has not chosen to appear. Mr. Debaraj Upadhaya, Joint Commissioner of Police, Guwahati appeared on behalf of the Respondent Government. It has been brought to the notice of the Inquiry Committee that the Assam Human Rights Commission is in the seisin of the matter. In view of the aforesaid the Inquiry Committee is not inclined to proceed in the matter and recommends for disposal of the complaint.

Press Council of India

S. NO.25 F.No.13/166/17-18-PCI.

Complainant Respondent

Shri Vinay Kumar, The Chief Secretary, Reporter, Government of Bihar, Prabhat Khabar, Patna (Bihar) Khagaria (Bihar) The Director, Information & Public Realtions Department, Government of Bihar, Patna (Bihar)

Shri Kamal Singh, District Public Relations Officer, District Khagaria (Bihar)

Adjudication dated 22.8.2019

Facts This complaint dated 7.1.2018 has been filed by Shri Vinay Kumar, Reporter, Prabhat Khabar, Khagaria (Bihar) against Shri Kamal Singh, District Public Relations Officer (DPRO), Khagaria for allegedly misbehaving and abusing him. According to the complainant, during the visit of Hon’ble Minister of Bihar for reviewing the development work in Khagaria on 6.1.2018, passes were issued to the media persons for coverage by the evening, a matter of issuance of fake passes became viral when driver of the respondent-District Public Relations Officer was shown wearing the fake pass which led to turmoil in the Administration department. The complainant has alleged that annoyed with this the respondent threatened and abused him over his mobile stating that he will ruin the life of the journalist, who has viral the video. The complainant has alleged that due to issuance of fake passes, the respondent played with the security of the Hon’ble Chief Minister. He has requested the Council to take necessary action in the matter. Notices for Comments were issued to the Chief Secretary, the Director, Information & Public Relations Department, Govt. of Bihar, Patna and Shri Kamal Singh, District Public Relations Officer, Khagaria on 25.1.2018. Comments Shri Kamal Singh, District Public Relations Officer (DPRO), Khagaria vide his reply dated 13.2.2018 has stated that the allegations levelled by the complainant are false and baseless. According to the respondent, during the visit of Hon’ble Chief Minister of Bihar, total 51 passes were issued to the media for coverage of the programme. Four passes were issued to each media house and also issued four passes to the Prabhat Khabar. The respondent has further stated that all media houses were asked to provide photographs and all other requisite required documents by 2.1.2018 prior to the programme but even after that the Prabhat Khabar neither provided photographs nor submitted any application. However, on the basis of documents and photographs of Prabhat Khabar already available with their office, four passes were issued to the Prabhat Khabar, which were duly received by the correspondent. The respondent has informed that despite end of date of issuance of passes on 4.1.2018, the complainant, Shri Vinay Kumar and Shri Rajkishore Singh pressurised him for issuance of four additional passes. Denying the allegation of playing with the security of the Chief Minister, the respondent has stated that the passes are also issued to the employees of the DPRO for arrangements. The respondent further states that the complainant creates fear by threatening to publish news through the medium of social media. The respondent has alleged due to non-issuance of passes and for taking revenge, the complainant along with his associates visited his office at evening of 6.1.2018 and took the photograph of his driver with the pass tactfully and viral it on social media and also commented on him and the District Magistrate and thereby tried to harm the reputation of the Administration. The respondent has further informed that he filed a complaint against the complainant, Shri Vinay Kumar to the Editor, Prabhat Khabar on 6.1.2018 for taking action against him. The respondent has stated that the passes were issued to the media persons with honesty and transparency.

Further Communication from complainant

The complainant vide his further communication dated 15.3.2018 has informed that he is being threatened by the respondent and his associates regularly to settle the matter. He has requested the Council to take early action in the matter. Report of the Inquiry Committee

The matter came up for hearing before the Inquiry Committee on 8.7.2019 at Patna. The complainant has not chosen to appear. Shri Ashok Kumar, OSD, I&PRD and Shri Kamal Singh, District Public Relation Officer represented the respondent Authority. It is the allegation of the complainant that media passes are not being distributed to the media persons, instead it is distributed amongst the employees of the District Public Relations Office. It is the allegation of the complainant that during the visit of the Chief Minister, media passes were not given to the journalists and in fact given to the driver of the District Public Relations Officer. In support of his assertion, the photograph of an employee of the office has been annexed. In the reply filed, it is alleged that the photograph filed by the complainant is a result of some trick. However, the District Public Relations Officer states that it is the practice to give Media passes to the employees and in fact the photograph of the person wearing the Media Press Pass is not of the driver but the peon in his office. The Inquiry Committee is shocked to hear from the District Public Relations Officer that as a regular practice media passes are given to the employees in the office of District Public Relations Officer. As the numbers of such passes are limited, the distribution of media passes to the employees shall be detrimental to the interest of the Media as many of them would be unable to cover and report the event. In the opinion of the Inquiry Committee it is a very serious matter and deserves to be looked into by the Government. The report of the Inquiry Committee be forwarded to the Chief Secretary of the State for appropriate action. The Chief Secretary in turn is directed to look into the matter and apprise the Council, the steps taken in this regard. The Inquiry Committee, accordingly, recommends for disposal of the complaint with the aforesaid directions. 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. 26 F.No.13/188/17-18-PCI. Suo-motu cognizance with regard to restrictions on media in Gorakhpur (U.P.).

Adjudication dated 22.8.2019 Facts

A former Member, Press Council of India vide email dated 15.3.2018 has drawn the attention of the Council towards restriction on media from entering in counting centre of Gorakhpur Parliamentary constituency by the District Magistrate of Gorakhpur. According to him, the District Magistrate, Gorakhpur reportedly banned the media from the counting centre of Gorakhpur Parliamentary constituency on 14.3.2018. Shri Rajeev Rautela, District Magistrate ordered the media personnel out of the counting centre after initially allowing it, as the ruling BJP candidate started trailing. While taking suo-motu cognizance of the matter, a Report on facts of the case was called for from the Chief Secretary, Govt. of U.P., Lucknow and the District Magistrate, Gorakhpur on 20.3.2018 under intimation to the Election Commission of India, New Delhi and Chief Electoral Officer. Reply received from Shri Rajiv Rautela, Commissioner Shri Rajiv Rautela, Commissioner, Kumaon Division, Nainital vide letter dated 18.10.2018 expressed his inability to appear before Inquiry Committee on 23.10.2018 due to his prefixed programmes of review of voter list as per programme issued by the Election Commission of India and filed a Report wherein it has been stated that as per the provisions in the Election laws and instructions of the Election Commission there has to be a Media Centre inside the Counting Centre; for the counting process of the By-election of 64- Gorakhpur Parliamentary Constituency. The Media Centre was established inside the Counting Centre. In all the counting areas of all 05 ACs, the media persons were allowed inside as per guidelines of the ECI. The District Information Officer also in his reports stated that the allegation of stopping media persons from the coverage of counting process is false and baseless. He has submitted that print and Electronic media were issued 167 passes and the media was allowed inside the Counting Centre without restriction. The media persons were present in the Counting Centre and they were provided with periodic information regarding round wise counting. Media persons remained present in the Counting Centre during the full course and did coverage. He has further submitted that the allegation that media being stopped from entering the Counting Centre is absolutely false, baseless, fabricated and mischievous.

Letter dated 14.2.2019 received from Election Commission of India Shri Pawan Diwan, Under Secretary, Election Commission of India, New Delhi vide letter dated 14.2.2019 has forwarded the Reports of the General Observers (Dr. Subodh Kumar and Dr. Madhvi Khode Chaware) on the issue. Details thereof may be seen as under:

1. Report filed by Dr. Subodh Kumar- Dr. Subodh Kumar, I.A.S, General Observer has stated in his Report that on the day of counting incident of restraining media persons from entering counting centre by RO could not come to his notice. Though, he heard from somebody about some discussion between RO and media person outside counting hall. During counting, he saw some media persons inside counting hall taking videography of counting hall, which means RO had allowed media person inside counting hall. Moreover, no written or oral complaint of such incidence was brought to his notice.

2. Report filed by Dr. Madhvi Khode Chaware : Dr. Madhvi Khode Chaware has stated in her Report that she was present in RO’s counting hall at the start of the counting. As the EVM counting round progressed the media was very eager to know the result of 1st round and gathered at the entrance of the counting hall. The media was there at the counting centre but not in the RO’s counting hall as there was a wooden barricade at a distance of about 25 feet away. She has further submitted that she was out for 15 minutes to get mismatched tabulation sheet corrected, hence unaware of any incidence happened in those 15 minutes in counting hall. But when she came back the media was there though a little bit agitated and depressed but no one complained anything to her.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 9.7.2019 at Patna. Shri K. Amarnath, Former Member, PCI appeared on behalf of the journalists. Shri Manoj Srivastava, Assistant Director Information appeared on behalf of I&PRD, Govt. of Lucknow. Shri Rajiv Rautela, Commissoner, Kumaon Division along with Shri Taru Singh, Advocate appeared in person.

The Inquiry Committee has perused the record and also heard Mr. Rajiv Rautela. Mr. Rautela has explained the circumstances under which the delayed the declaration of result. He has further stated that at no point of time the journalists were removed from the counting centre. The Inquiry Committee is satisfied with the explanation offered. The Inquiry Committee, accordingly, recommends for disposal of 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 dispose of the matter.

Press Council of India S. No. No. 13/9/17-18-PCI

Complainant Respondent

Shri Sanjeev Nayan, The Chief Secretary, Editor, Government of Jharkhand, Samachar Varsha, Ranchi. Police Stadium Road, Medininagar, Palamu – 822 101. The Secretary, Home (Police) Department, Government of Jharkhand, Ranchi.

The District Collector, District Palamu, Jharkhand,

The Superintendent of Police, Palamu, Jharkhand.

The Sub-Divisional Magistrate, Sadar-Medininagar, Palamu, Jharkhand.

Adjudication dated 22.8.2019 Facts : This complaint dated 02.01.2017 has been filed by Shri Sanjeev Nayan, Editor, Samachar Varsha, Palamu against the Sub-Divisional Magistrate, Sadar, Medininagar, Palamu allegedly for issuance of notice dated 28.12.2016 with a view to pressurise him due to publication of a critical news item in its issue 28.12.2016 under the caption “पशु काटते फोटो फे सबुक पर वायरल होने से शहर मᴂ सनसनी।” The complainant has submitted that the respondent issued a notice dated 28.12.2016 to him stating that- “Whereas the undersigned has reason to believe that publication of news item with photo of Cow-slaughter at front page of your daily circulation newspaper dated 28.12.2016 tantamounts to spread hatred and communal tension and causes serious disturbance of law and order. Whereas your action is quite contrary to the norms of a Press in circulating the news without prior information to the District Administration. You are directed to submit your written explanation within 24 hours as to why action should not be taken against you under the Indian Press Act for causing a problem to the administration in maintenance of law and order.” Denying the allegation levelled in the Notice, the complainant has stated that he had verified the news from the Superintendent of Police, Palamu prior to its publication. After publication of news item, accused were arrested and imprisoned. He has further stated that even after furnishing reply of the Notice dated 28.12.2016, the Administration has lodged a Criminal case No. 329/2016 against him in Medininagar Police Station. Notices for Statement in Reply were issued to the Government of Jharkhand on 15.09.2017 in the matter. Written Statement of SDM, Sadar Medininagar The respondent-Sub-Divisional Magistrate, Sadar-Medininagar, Palamu vide his Written Statement dated 23.10.2017 has stated that he has great respect for the press and by asking show cause, he has not violated or encroached upon the independence of press. He has further stated that he owes duty to maintain Law and Order in his Sub-Division and the press also has the moral duty to assist administration by taking permission to publish such photo at front page or at least after discussion of the news with the Administration which the complainant did not do. He has also stated that there was no mutual consultation with him, prior to spreading the news which was likely to spread serious problems before the administration in handling the situation and securing communal harmony. The letter no. 1578 dated 28.12.2016 was issued in good faith and discharge of his duty as a responsible Sub-Divisional Magistrate, Medininagar, Palamu. He has requested the Council to drop the matter. A copy of Written Statement was forwarded to the complainant on 20.12.2017 asking him to inform the Council whether Charge-sheet has been filed in Case no. 329/16 or not. Communication from the Complainant The complainant vide his letter dated 26.12.2017 has stated that despite issuance of the Notice for Statement in Reply to the respondent, respondent has created pressure on him and in case no. 329/2016, the inquiry officer has sent a notice to him to surrender himself in court. The Police has imposed Section 153 (A) of Indian Penal Code which is a non-bailable section. He has requested the Council to take appropriate action. He has further informed that no charge-sheet has been filed in respect of the case no. 329/2016 before the Hon’ble Court.

Further communication from the complainant The complainant vide his letter dated 4.12.2018 has submitted that the Sub- Divisional Magistrate, Sadar, Medininagar citing law and Order situation did not appear before the Inquiry Committee on 22.10.2018 which shows his negligence towards such a serious matter. He has further requested the Council to give justice after hearing views of both the parties.

Reply dated 25.5.2019 filed by Sub-Divisional Magistrate, Modininagar The S.D.M, Modininagar, vide letter dated 25.5.2019 has submitted that due to his broken hand, he is unable to attend I.C. hearing on 28.5.2019. He has further enclosed a Report dated 20.10.2018 which states that on 28.12.2016 the news was published by the complainant, Shri Sanjiv Nayan in front page of his “Samachar varsha” with photo of three persons slaughtering an animal probably a cow and it informed the readers that such photo became viral on facebook. The letter no. 1578 dated 28.12.2016 expressed genuine feeling of the S.D.M. that the action of publishing a sensitive news was contrary to the norms of a Press because it was done without prior information of the District Administration. The complainant in his reply to the S.D.M stated that the news was published in public interest. The Report further states that as per the complainant, it is sufficient to confirm this news from the S.P. but not to inform the D.C./S.D.M for reasons best known to him. As per the explanation of the complainant, it is not necessary to inform the Distt. Administration prior to publication of news. The Report states that there was no ill motive or any pressure tactics to accept any view of the administration in this regard. The S.D.M has requested the Council to drop the proceedings in the matter. Communication dated 9.7.2019 received from the complainant

Shri Sanjeev Nayan, Editor Samachar Varsha vide communication dated 9.7.2019 while reiterating his complaint, has requested the Council to Censure the respondents for falsely implicating him in criminal case no. 329/2016 and direct the Commissioner, Palamu to take back the case registered against him. He has further requested the Council to direct the respondents to give compensation to him for the loss being borne by him in the Court hearings. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 9.7.2019 at Patna. Shri Sanjeev Nayan, complainant appeared in person. Shri Sanjeev Kumar Tiwari, Police Inspector, Palamu and Shri Bindu Madhav Prasad Singh, In-charge D.C. Palamu, represented the Deputy Commissioner, Palamu. Shri Nand Kishore Gupta, SDM, Sadar Medininagar, Palamu appeared in person. A balanced news given by the complainant, the Editor of Samachar Varsha, Palamu has invited a very serious problem for him. The Sub-Divisional Officer, Medininagar gave him a Notice dated 28.12.2016, in which he has stated as follows: “Whereas the undersigned has reason to believe that publication of news item with photo of Cow-slaughter at front page of your daily circulation newspaper dated 28.12.2016 tantamounts to spread hatred and communal tension and causes serious disturbance of law and order. Whereas your action is quite contrary to the norms of a Press in circulating the news without prior information to the District Administration. You are directed to submit your written explanation within 24 hours as to why action should not be taken against you under the Indian Press Act for causing a problem to the administration in maintenance of law and order”. (Underlined by Inquiry Committee) It is not the assertion of the respondent that what has been published in the newspaper is wrong. The Inquiry Committee has been told by Mr. Nand Kishore Gupta, the Sub-Divisional Officer and Mr. Sanjiv Kumar Tiwari, the Inspector of Police that after the publication of the news, a riot broke out and the complainant has been made an accused in the said case. In the Notice, the Sub Divisional Magistrate had stated that publication of the news “without prior information to the District Administration” is contrary to the norms of a press. The Inquiry Committee pointedly inquired from Mr. Gupta which of the norm mandates the journalists to take prior permission of the District Administration before publishing the news. He is unable to point out any such provision. Further, the complainant has been threatened for action under the Indian Press Act. The Inquiry Committee inquired from Mr. Gupta the existence of such an Act and the provision thereof. He is unable to point out anything. Respondents do not allege that the published news is incorrect. The Inquiry Committee is of the opinion that the conduct of the Sub Divisional Officer in issuing Notice to the complainant is reprehensible. Further, lodging of the criminal case against the complainant aggravates the matter. In the opinion of the Inquiry Committee, the attempt made by the Sub Divisional Officer and the Police Authority to lodge the criminal complaint against the complainant is nothing but an attempt to suppress the press. The Inquiry Committee records its serious displeasure to the conduct of the Sub Divisional Officer in giving notice to the complainant and the Police Officer lodging a criminal case against the complainant. The incident reminds the Inquiry Committee the phrase that instead of killing the message, the Police Authorities and the Sub Divisional Officer have made attempt to kill the messenger himself. Let a copy of this Order be forwarded to the Chief Secretary to the Government of Jharkhand and the Director General of Police for taking such action as are permissible in law and to ensure that the complainant is not harassed for the legitimate journalistic duties he is expected to do and has done. The Chief Secretary and the Director General of Police are directed to furnish to the Council the Action Taken Report within 3 months. With the aforesaid directions, the Inquiry Committee 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 with directions.

Press Council of India

S. No. 28 No. 13/64/17-18-PCI

Complainant Respondent

Shri Sanjay Kumar Singh, The Chief Secretary, Bureau Chief, Government of Bihar, Pratah Kamal, Patna, Bihar East Champaran, Motihari , Bihar. The Secretary, Home (Police) Department, Government of Bihar, Patna (Bihar)

The Director General of Police, Bihar Police

The District Magistrate, East Champaran, Motihari, Bihar

The Superintendent of Police, East Champaran, Motihari, Bihar

Shri C. B. Shukla, Station House Officer, Police Station – Paharpur, East Champaran, Motihari, Bihar

Adjudication dated 22.8.2019 Facts : This complaint dated 31.7.2017 has been filed by Shri Sanjay Kumar Singh, Bureau Chief, Pratah Kamal, East Champaran, Motihari (Bihar) against Shri C.B. Shukla, Station House Officer, Police Station-Paharpur, East Champaran, Motihar (Bihar) for allegedly implicating him in false case due to publication of critical writing. According to the complainant, he exposed the misdeeds of the respondent- Shri C.B. Shukla through his newspaper and annoyed with publication of critical writing, the respondent filed a false case No.73/17 against him in SC/ST Welfare Police Station Paharpur in connivance with Shri Laxman Ram. The complainant has stated that it is surprising that Shri Laxman Ram gave two complaints with different allegations for filing the FIR. One was against Shri Sanoj Sharma, Correspondent of Dainik Aaj and Shri Nand Kishore Sharma and second was against him. The complainant has alleged that the respondent deliberately implicated him in false case under a conspiracy with malafide intention. The complainant has submitted that he wrote letters to the police authorities but no action has been taken as yet. While apprehending danger to him and his family, the complainant has requested the Council to take necessary action in the matter. Notices for Statement in Reply were issued to the Government of Bihar and Shri C.B. Shukla, SHO, PS-Paharpur, Motihari on 17.11.2017 followed by reminder dated 24.1.2018. The complainant vide his letter dated 19.1.2018 has stated that despite issuance of Notice for Statement in Reply, no action has been taken against the respondent-Shri C.B. Shukla. The complainant has submitted that the Public Grievance Court on an appeal against the respondent has passed order dated 6.12.2017 directing the Superintendent of Police, East Champaran, Motihari to investigate the allegations levelled against Shri C.B. Shukla, SHO, Paharpur and submit Action Taken Report within 15 days, but no action was taken. The complainant has further submitted that the respondent is also furnishing misleading information under RTI Act. Reply of SHO, Paharpur, Motihari Shri C.B. Shukla, SHO, Paharpur, Motihari vide his reply dated 20.8.2018 has stated that the allegations levelled by the complainant are baseless and fabricated. The respondent has informed that there was a dispute between Shri Laxman Ram and the complainant. In this regard, Shri Laxamn Ram filed a complaint and on the direction of the District Collector, this complaint was forwarded to the SC/ST Welfare Police Station for further necessary action and accordingly, a case No.73/17 has been registered, which is under investigation. The respondent while giving point- wise clarification on other FIRs as referred/alleged by the complainant in his complaint, has stated that sincere efforts have been made by him in solving those FIRs and the allegations in this regard levelled by the complainant are totally false and baseless. Further Communication from the complainant Shri Sanjay Kumar, complainant vide communication dated 9.7.2019 has submitted that he had produced a CD of his conversation with Shri C.B. Shukla to the S.P., Motihari and the D.M., Motihari for investigation and they were requested not to investigate the matter by the D.S.P. and Shri C.B. Shukla, S.H.O. The matter was investigated by the said D.S.P. and he found allegations to be false and the case was closed on 29.8.2018 vide Memo No. 1641. The complainant submitted that despite producing a C.D. as evidence, no action has been taken against Shri Laxman Ram for filing false case against him under SC/ST Act nor disciplinary action was taken against Shri C.B. Shukla. He has requested the Council to take action against Shri C.B. Shukla and Shri Laxman Ram. Report of the Inquiry Committee

The matter came up for hearing before the Inquiry Committee on 9.7.2019 at Patna. Shri Sanjay Kumar Singh, complainant appeared in person. Shri Shaishav Yadav, Addl. S.P., Motihari and Shri C.B. Shukla, S.I. represented the Police Authority. It is the allegation of the complainant that because of his adverse writings, he is being targeted by the police. In this connection, his specific allegation is against Shri C B Shukla, SHO, Paharpur Police Station. In this connection, the complainant produces a CD of his conversation with said Shri C B Shukla to show that the later is harassing him. He further states that he had given to Superintendent of Police the said CD but till date no action has been taken. Shri Yadav, the ASP states that he has no knowledge about that. In the facts and circumstances of the case, the Inquiry Committee directs the complainant to make available to the Director General of Police, the said CD and the Director General of Police in turn is directed to make investigation into the allegations made by the complainant and take appropriate action as admissible in law within three months. The Director General of Police is further directed to furnish to the Council the result of the said investigation. Mr. C B Shukla, states that final report has been submitted against the complainant in the case lodged against him. With the aforesaid directions, the Inquiry Committee 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. 29 F.NO. 13/47/17-18-PCI

Complainant Respondent Mr. Sanjeev Gupta, The Chief Secretary, Correspondent, Government of Bihar, Prabhat Khabar, Patna. Katihar, Bihar. The Secretary, Shri Ramnath Vidrohi, Home (Police) Department, State President, Government of Bihar, Indian Journalist Association, Patna. Patna- (Bihar). The Director General of Police, Shri Rakesh Kumar, Bihar Police, State Secretary, Patna. Indian Journalist Association, Patna, Bihar. The Inspector General of Police, Purnia Division, Purnia (Bihar)

The District Magistrate, Katihar, Bihar.

The Superintendent of Police, Katihar, Patna.

The Station House Officer, Police Station-Brari, Katihar (Bihar)

Shri Neeraj Kumar Yadav, MLA, Brari Constituency, Katihar (Bihar)

Adjudication dated 22.8.2019 Facts: The Indian Journalist Association, Patna (Bihar) vide complaint dated 8.7.2017 and 16.7.2017 has alleged that Shri Neeraj Yadav, MLA, RJD, Brari Constituency, Katihar (Bihar) threatened Shri Sanjeev Gupta, Correspondent of Prabhat Khabar due to publication of critical writing.

According to the complainant, based on the statement made by Shri Bibhash Chandra Chaudhary, former MLA, Brari, Shri Sanjiv Gupta published a news item in Prabhat Khabar, Bhagalpur edition in its issue dated 3.6.2017 under the caption “पुल का ननमााण नहीं होने से आवागमन की समया” wherein name of Shri Neeraj Yadav was nowhere mentioned published, despite that Shri Neeraj Yadav threatened Shri Sanjeev Gupta over phone by using abusive language. In this regard, the Association addressed letters dated 16.6.2017 to the Chief Minister of Bihar, Director General of Police and District Authorities but no action was taken. Thereafter, Shri Sanjeev Gupta wrote a letter dated 17.6.2017 to the Inspector General of Police, Purnia Division and again requested the Superintendent of Police, Katihar on WhatsApp. In this context, the Superintendent of Police, Katihar ordered to file an FIR in Brari Police Station. Accordingly, Shri Sanjeev filed an FIR in Brari Police Station but no action was taken by the police. He has stated that such intolerable acts have created a sense of fear among other journalists in Bihar and it has an adverse impact on freedom of the press and expression. He has mentioned that a Journalist Protection Act should be enacted to ensure the protection of working journalists. The complainant has requested a statutory inquiry in the matter so that remedial action can be taken. The Association has requested the Council to take necessary action in the matter. Notices for Statement were issued to the Government of Bihar and Shri Neeraj Kumar Yadav on 8.8.2017. Reply The Deputy Inspector General of Police (Personnel), Office of the Director General of Police, Bihar, Patna vide his reply dated 15.5.2018 has informed that an investigation report of the matter has been received from Superintendent of Police, Katihar, who has informed in his report that the complainant is not an authorised journalist of Prabhat Khabar but he wanted to join the newspaper in casual manner through his writing. In this context, Katihar Bureau Chief, Shri Suraj Gupta declared that there is no such person in Prabhat Khabar. It has been further stated that an argument took place over phone between the complainant (Shri Sanjeev Gupta) and MLA-Shri Neeraj Kumar Yadav with regard to publication of a news item relating to construction of a flyover. It has been also stated that the SHO, Brari was directed to take necessary action by taking Call Detail Report of mobiles of the complainant and Shri Neeraj Kumar Yadav. In this regard, a case No.474/17 dated 19.6.2017 was registered in Police Station Brari. Counter Comments Shri Ramnath Vidrohi, State President, Indian Journalist Association, Bihar vide his counter comments dated 5.9.2018 while while refuting the reply of the respondent-government has stated that the Superintendent of Police, Katihar had tried to please the MLA in his reply while the Superintendent of Police is himself an accused for not filing the FIR in the matter. The complainant said that the Bureau Chief was pressurized by MLA for denial of the fact that Shri Sanjeev Gupta is a registered journalist of the Prabhat Khabar as Shri Sanjeev Gupta sends news through e-mails everyday on the official e-mail id of the Prabhat Khabar. The complainant has alleged that the Bureau Chief has taken bribe of Rs.1 lakh in the form of advertisement from the Secretary of the MLA and the advertisement was published on 15.06.2017 in Prabhat Khabar. He has requested the Council to take early action in the matter. Reply received from Superintendent of Police, Katihar The S.P., Katihar, vide reply dated 4.7.2019 has submitted that the matter has been investigated by S.H.O. , Barari. According to the Report, the complainant had filed an application on 19.6.2017 to Shri Kishor Kumar, SHO, Barari and a sanha entry No. 474 was made. It has been further stated that the complainant had made allegation against Shri Neeraj Kumar, M.L.A that he threatened him over phone on 3.6.2017 and no action was taken by former S.H.O. The S.P. has further submitted that on the basis of information, the concernd M.L.A. has been asked on 2.7.2019 to give his voice sample. The voice sample and confiscated C.D. will be investigated by F.S.L. on the direction of Hon’ble Court. It has also been stated in the Report that Shri Kishor Kumar, former SHO vide Memo dated 2388 dated 2.7.2019 has been asked to explain reason for not taking action in the matter.

Further communication from the complainant, Shri Sanjeev Gupta

Shri Sanjeev Gupta, complainant vide communication dated 9.7.2019 while reiterating the complaint, has submitted that his wife has been working in the Aadarsh Madhya Vidhalaya, Barari, Katihar as an Assistant teacher. This place comes under the constituency of Hon’ble M.L.A. and his wife is harassed by the supporter of the M.L.A. He has requested the Council to get the transfer of his wife to the other constituency. He has further submitted that he had registered his complaint with all senior officers but no one has taken cognizance of the matter. He has requested the Council to provide him justice and take action against the M.L.A. and the officers.

Communication from Shri Ramnath Virodhi, Indian Journalist Association

Shri Ramnath Vidrohi, State President Indian Journalist Association vide communication dated 9.7.2018 has submitted that after filing complaint to the various department of the Govt., only S.P. , Katihar has filed a reply after 10 months. It has been stated in the report that the S.P. has initiated action in the matter of Shri Sanjeev Gupta and Hon’ble M.L.A after getting the C.D. of conversation. A sanha entry has also been made in this regard. However, no action has been taken so far and even an F.I.R has not been filed in the matter. The M.L.A had tried to terminate the complainant from the newspaper, Prabhat Khabar. For that purpose, he had given advertisement of one Lakh rupee to the Prabhat Khabar on 15.6.2017 and on the same day , Shri Sanjeev Kumar was terminated from the said newspaper. A C.D having conversation of Shri Sanjeev Gupta and Hon’ble M.L.A is also available with the PCI and conversation shows that Shri Sanjeev Kumar were the correspondent of Prabhat Khabar. He has requested the Council to give justice to the complainant, Shri Sanjeev Kuamr.

Reply received from the District Magistrate, Office of I&PRD

Office of I&PRD, Govt. of Bihar vide Report dated 6.7.2019 has submitted that on the basis of information, the concernd M.L.A. has been asked on 2.7.2019 to give his voice sample. The voice sample and confiscated C.D. will be investigated by F.S.L. on the direction of Hon’ble Court. On the basis of investigation Report, further action will be initated in the matter.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 9.7.2019 at Patna. Shri Sanjeev Gupta, complainant appeared in person. Shri Ramnath Virodhi represented the Indian Journalist Association. Shri Bambam Chaudhary, Addl. S.P. Purnia and Shri Jai Prakash Narayan, Dy. S.P., Katihar represented the Police Authority. Shri Brajesh Kumar, District Public Relation Officer represented the I&PRD, Govt. of Bihar.

It is the allegation of the complainant that in the newspaper, Prabhat Khabar, a news was published regarding the difficulties of the villagers due to non construction of the bridge and that had annoyed the Member of the Legislative Assembly, Mr. Neeraj Kumar Yadav, who threatened the complainants and abused them. It is the allegation of the complainant that a report of this effect was given in the Police Station but no action has been taken. Mr. Jai Prakash Narayan, Deputy Superintendent of Police (Traffic) appears on behalf of the Superintendent of Police and states that he does not know anything about the case and he is attending the proceedings of the Inquiry Committee, as he has been deputed by the Superintendent of Police. Mr. B B Chaudhry, Additional Superintendent of Police in the office of the DIG, Purnia range appears and states that on the basis of the information given, a sanha entry was made on 17th June 2017 in the Police Station and thereafter on 2nd July 2019, the concerned MLA has been asked to give his voice sample. Despite service of notice, the concerned MLA has not chosen to appear. The information given by the complainant discloses commission of a cognizable offence. The Inquiry Committee wonders as to why only a sanha entry was made in respect thereto. Mr. Chaudhary is further unable to explain as to why after two years the Police Authorities have woken up and requested the concerned MLA to give the voice sample. He further states that explanation has been called for from the then SHO on 2/7/2019. Why such an explanation was called after such a long time has not been explained. In the facts and circumstances of the case, the Inquiry Committee directs the Superintendent of Police to see that a formal case is registered on the basis of the report given by the complainant and the investigation of the case be concluded within two months. The complainants also expressed apprehension to his life. The Superintendent of Police shall examine their threat perception and take such remedial steps as are permissible in law. Action Taken Report be forwarded to the Secretariat of the Council within 4 months. With the aforesaid directions, the Inquiry Committee 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. 30 F.NO. 13/158/18-19-PCI

Complainant Respondent Shri Ravish Kumar Mani, The Chief Secretary Journalist, Govt. of Bihar Tarunmitra Patna. Rajiv Nagar, Patna, Bihar. The Secretary Home (Police) Department, Govt. of Bihar Patna.

The Director General of Police Bihar Police Old Secretariat, Bihar Govt. Patna

Adjudication dated 22.8.2019

Facts:

This complaint dated 21.12.2018 has been filed by Shri Ravish Kumar Mani, Journalist, Tarunmitra, Patna, Bihar against Patna Police for not taking necessary action in favour of the journalist when his life was in grave threat. The complainant submitted that he is a journalist of Tarunmitra, a Hindi newspaper and he works as a crime reporter and specifically covers the news related to notorious criminals. As a responsible journalist, he published news about Sand mafia, Shri Ramakant Yadav to expose his wrong doings. After getting offended by those news reports, Shri Ramakant Yadav hired someone for killing complainant. He further stated that Shri Ramakant Yadav has earlier also tried to kill him for which the complainant had given verbal information to the police. The complainant further mentions that some higher officials are also a part of this criminal act. The complainant requested Patna Police for providing immediate security to him as he apprehended danger to his life. He further submitted that in lieu of his letter to Inspector General of Police, Patna, a letter was issued by Inspector General of Police to D.I.G, Senior Superintendent of Police on 20.12.2018 in order to provide security to the journalist. The Senior Superintendent of Police even gave the security for the first 15 days and further extended it to one month and 15 days but the request for proposal to State Security Committee was not sent. Notices by police are issued periodically to remove the bodyguard but it is extended upon request made to the Senior Superintendent of Police. The threat however is becoming severe day by day and the reason being that the complainant has published series of news on the sand mafia in paper’s issue dated 30.01.2019, 28.03.2019, 02.04.2019 and also on web portal. The complainant has said that sometimes the police withdraw security by giving reasons for Lok Sabha Election Duty. He further submitted that he had published a news report on 15th May 2018 captioned "प्रशासन चनु ाव मᴂ 핍यत और सᴂड माकिया अवैध टॉक करने मᴂ मत” after which he was threatened again. The Complainant vide his letter dated 9.4.2019 has drawn the attention of Council towards two Public Interest Litigations filed by social worker in Patna High Court against sand mafia on the basis of the news reports published by the him for which the sand mafia is trying to harm the complainant and his family with the help of corrupt officials. Further, he submitted that he had published news reports against sand mafia within the period 29th May to 30th May 2019 and for which sand mafia is conspiring not only get him killed through contract killers but also planning to remove the security cover provided to him. Notices for Comments were issued to the Government of Bihar on 22.1.2019. Since no response was received, Notices for Statement in Reply were issued to the Government of Bihar on 2.5.2019. Reply filed by Sub Divisional Police Officer, Paliganj The Sub Divisional Police Officer, Paliganj, Patna vide communication dated 8.7.2019 addressed to Sr. S.P., Patna has submitted that there has been a dispute between Shri Ravish Kumar, Reporter and Shri Raj Kumar, who belongs to complainant’s village. Since, the complainant, Shri Ravish Kumar had murdered brother of Shri Raj Kumar in 2007, cases have been registered under Sections 302/307/324/323/34 IPC and 27 Arms Act by Shri Raj kumar. At present the matter is under consideration before Court of law. Regarding the request for security cover, the complainant was provided one security guard for 15 days. The complainant has filed letter dated 8.1.2019 to extend the duration of security gurad for next 45 days. He also stated that after talking to the complainant over phone, it came to notice that a constable had been deputed from December, 2018 and he has been returned to the New Police Center on 20.6.2019. The latest application dated 31.5.2019 filed by the Reporter, Shri Ravish Kumar to provide security guard is under consideration. Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 9.7.2019 at Patna. Shri Ravish Kumar Mani, complainant appeared in person. Shri Sahariyar Akhtar, Dy. S.P., Patna and Shri Manoj Kumar Pandey, SDPO represented the Police Authority.

It is the allegation of the complainant that because of his adverse writings on sand mafia, his life is under threat. A communication dated 8th July 2019 has been produced before the Inquiry Committee and on its perusal it appears that the Security guards were provided to the complainant which were withdrawn on 20.6.2019. It is common ground that the prayer for providing security guard is under consideration of the authority. In the facts and circumstances of case, the Inquiry Committee directs the Competent Authority to examine the threat perception to the complainant and take decision in this connection within four weeks from today and action taken be intimated to the Council. With the aforesaid directions, the Inquiry Committee 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.