Press doesn't have exclusive right to criticise anyone: Court

Agencies
August 7, 2017

New Delhi, Aug 7: Press does not have any exclusive right or special privilege to comment, criticise or make imputations or allegations which are sufficient to ruin a citizen's reputation, a Delhi court has said.

Further, journalists do not have greater freedom than others, it has said while reminding that the responsibility of the scribes was higher as they have power to disseminate information.

The court's order came as it restrained the managing editor of a magazine from publishing any libellous articles against a man who has alleged that he was defamed.

It also directed the magazine editor and another person to pay Rs 30,000 and Rs 20,000 respectively to the man as "symbolic damages".

"Further, journalists are in no better position than any other person. The press does not enjoy any exclusive rights under our Constitution, apart from those enjoyed by a citizen as a concomitant of the freedom of speech and rights against unlawful deprivation of life and liberty guaranteed under Articles 19 and 21 of the Constitution," Additional District Judge Raj Kapoor said.

The court said the press enjoys no special privileges to comment, criticise or even to investigate the facts of any case and rights of press persons are not higher than that of the common man.

"In fact the responsibilities of a journalist are higher.

The common man has limited means and reach in which he acts.

"A journalist on the other hand has a wider reach and power to disseminate information and therefore such power has the potential to cause irreparable damage to a matter under enquiry in a court of law or in a given case has greater propensity to scandalise ... the dignity, majesty or reputation of an individual or an institution," it said.

The man, a share broker and member of a housing society, had alleged that an article was published in the magazine in December 2007 to tarnish his image by using defamatory words.

He said when he issued a legal notice to the defendants, instead of apologising, they again defamed him by writing defamatory words against him to government agencies.

However, the founder and managing editor of the magazine claimed before the court that there was no defamatory article naming the man and that the magazine was not distributed among the business or connected circle of the man.

The second defendant, the then president and a resident of the same housing society, alleged that the man was indulging in unlawful activities in the society and he had filed a civil suit for removal of unauthorized encroachment there.

The court, however, said the two defendants had connived and published the articles in the magazine which were defamatory in nature and harmed the reputation of the man.

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News Network
March 29,2024

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New Delhi: The Congress on Friday said it has received fresh notices from the income-tax department, asking it to pay Rs 1,823.08 crore, and accused the ruling BJP of indulging in 'tax terrorism' to financially cripple the opposition party ahead of the Lok Sabha polls.

Adressing a press conference at the AICC headquarters here along with Congress general secretary Jairam Ramesh, party treasurer Ajay Maken alleged that the BJP is in serious violation of income-tax laws and said the I-T department should raise a demand of more than Rs 4,600 crore from the saffron party for such violations.

Ramesh alleged that through the 'electoral bonds scam', the BJP has collected Rs 8,200 crore and used the route of 'pre-paid, post-paid, post-raid bribes and shell companies'.

On the other hand, the BJP is engaged in 'tax terrorism', he alleged.

"Efforts are being made to financially cripple the Congress, but we are not going to be cowed down," Ramesh said.

He asserted that the Congress's campaign for the upcoming parliamentary polls will continue and the party will take its guarantees to the people of the country.

"We will not be scared of these notices. We will be more aggressive and fight these polls," the former Union minister said.

Maken alleged that the Congress and other like-minded opposition parties are being selectively targeted by the I-T department, which he described as the BJP's 'frontal organisation'.

The I-T department has launched a premeditated, diabolical campaign against the Congress by reopening matters of old returns on baseless grounds, he said.

Maken said the Congress will approach the Supreme Court soon over the I-T department's demands from it.

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News Network
March 15,2024

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Bengaluru: Prime Minister Narendra Modi would formally kickstart the BJP's Lok Sabha election campaign in Karnataka on Saturday from Congress President Mallikarjun Kharge's home turf— Kalaburagi.

He is scheduled to address a mega public meeting at the district headquarters town's N V Ground at 2 pm.

Kharge, who had represented Kalaburagi (Gulbarga Lok Sabha segment) twice in the past, lost to BJP's Umesh Jadhav by a margin of 95,452 votes in the 2019 general elections here— the octogenarian leader's first electoral loss in his political life spanning several decades.

BJP has once again fielded Jadhav from the segment.

Speculations are rife that the Leader of Opposition in Rajya Sabha, who has the role of managing the party nationally and coordinating with the opposition I.N.D.I.A bloc, may not contest the coming polls and, instead, the Congress is likely to field his son-in-law Radhakrishna Doddamani, a businessman, who also manages educational institutions.

On March 18, Modi will be in Shivamogga, the home district of veteran BJP leader B S Yediyurappa, and is scheduled to address a huge public meeting at 2 pm.

Yediyurappa's son B Y Raghavendra is the sitting MP from Shivamogga and has been re-nominated by the party. Yediyurappa's other son B Y Vijayendra, who represents Shikaripura assembly constituency in the district, is the state BJP President.

BJP has announced candidates for 20 seats in the State, which has a total of 28 constituencies.

After being ousted from power by the Congress in the 2023 Assembly polls, the BJP now is making a strong bid to regain the lost ground in Karnataka.

The BJP won 25 out of total 28 seats in the previous elections, and had ensured the win of a party supported independent candidate in Mandya. The then ruling Congress-JD(S) alliance had come a cropper winning just one seat each.

It is a role reversal of sorts for JD(S), which joined the NDA last September and has forged an electoral alliance with the BJP. The regional party is expected to contest in three seats— Mandya, Hassan and Kolar.

Sharing details of Modi's visit, state BJP General Secretary Sunil Kumar on Wednesday said BJP National President J P Nadda, Union Home Minister Amit Shah, Chief Minister of Uttar Pradesh Yogi Adityanath along with other leaders will visit different Lok Sabha constituencies for campaigning in the coming days.

Speaking about the party's poll preparations, he said: "We have divided 28 Lok Sabha constituencies into eight clusters for Lok Sabha elections. Keeping in view the local political and geographical background, programmes and strategies are being worked out in those eight clusters."

Several senior leaders including Shah and Nadda have already visited one of these clusters, Kumar said, adding, "Workers' convention, well-wishers' contacts have been made and election preparations are on in all these eight clusters. In the second phase, large public meetings will be held."

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News Network
March 28,2024

New Delhi: After India summoned an American diplomat over their remarks on the arrest of Delhi Chief Minister Arvind Kejriwal in the liquor policy case, the US reiterated on Wednesday its call for "fair, transparent, timely legal processes".

We continue to follow these actions closely, including the arrest of Delhi Chief Minister Arvind Kejriwal, said US State Department Spokesperson Matthew Miller while responding to questions on India summoning Gloria Berbena, the US Acting Deputy Chief of Mission in New Delhi.

The meeting at the foreign ministry's South Block office lasted nearly 40 minutes yesterday with India objecting strongly to the US remarks on the arrest of Mr Kejriwal.

Miller also responded to a question on the Congress party's frozen bank accounts, saying, "We are also aware of the Congress party's allegations that tax authorities have frozen some of their bank accounts in a manner that will make it challenging to effectively campaign in the upcoming elections."

He said the US encourages "fair, transparent and timely legal processes" for each of these issues.

"With respect to your first question, I'm not going to talk about any private diplomatic conversations, but of course, what we have said publicly is what I just said from here, that we encourage fair, transparent, timely legal processes. We don't think anyone should object to that," he said.

Mr Kejriwal was arrested last week by the Enforcement Directorate (ED), the third Aam Aadmi Party (AAP) leader after Manish Sisodia and Sanjay Singh to be taken into custody in connection with the alleged liquor policy scam.

The US State Department on Tuesday said it is monitoring reports of Mr Kejriwal's arrest and called on New Delhi to ensure "a fair and timely legal process" for the jailed Chief Minister.

India objected to it and warned of "unhealthy precedents".

"States are expected to be respectful of the sovereignty and internal affairs of others, and this responsibility is even more so in case of fellow democracies. It could otherwise end up setting unhealthy precedents," the foreign ministry said.

"India's legal processes are based on an independent judiciary which is committed to objective and timely outcomes. Casting aspersions on that is unwarranted," the ministry stressed.

The US remarks came days after Germany's Foreign Office stressed that Mr Kejriwal is entitled to a fair and impartial trial. The Indian government had reacted strongly and summoned the German envoy, labelling their remark "blatant interference in internal matters".

The excise policy was introduced to bring an overhaul to the liquor business in Delhi, but was scrapped after Lieutenant Governor VK Saxena ordered a probe into the alleged irregularities in the policy. The ED believes the bribe money from the policy was allegedly used for funding the AAP's election campaigns. It has also called Mr Kejriwal a "conspirator" in the case.

His arrest just ahead of the 2024 Lok Sabha election has also prompted furious protests from the opposition camp.

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