PTI Challenges Defamation Charges in Kerala High Court
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PTI Moves Kerala High Court Challenging Defamation Charges Over Alloy Paul’s News Item
The Press Trust of India (PTI), a leading news agency, has filed a case with the Kerala High Court against defamation charges for an article by its reporter Alloy Paul on alleged corruption in the state Lokayukta. The article titled “Lokayukta In Kerala Corrupted By Politicians, Judges,” was published on July 9, 2018, and attracted a criminal defamation charge against the agency and its reporter.
In the petition, the news agency has contended that the news report does not contain any defamatory material and reflects the truth. The petition has stated that the charges of criminal defamation are an attempt to muzzle the freedom of press, which is a fundamental right guaranteed under the Constitution of India.
According to the report by the agency, the Kerala Lokayukta, Justice Pius C Kuriakose had mentioned in his letter to Kerala Chief Justice, “please allow me to say that the Lokayukta in Kerala is also corrupted by politicians and Judges”. Justice Kuriakose informed the Chief Justice that his office had been rendered “pathetically judicially impotent” due to interference from corrupt judges and politicians. The report mentioned the Lokayukta’s letter along with details of corruption cases against a High Court Justice and an ex-Lokayukta.
The rampant corruption in the Lokayukta was grappled in controversy after a cover story by Tehelka magazine in 2006, which exposed that judges are pressurized by top politicians in the appointment of Lokayukta members. However, the agency’s story had caught the attention of the Kerala Police, which had charged Paul under the Indian Penal Code.
The petition contended that attributing political interference and corruption to the public office of the Lokayukta does not amount to defamation. Denouncing the criminal prosecution, senior lawyer P.V. Surendranath has filed a complaint before the Chief Justice of the Kerala High Court, contending that charging people for such stories is illegal and aiding whistleblowers.
The petition submitted to the High Court stated that the principles laid down by the Supreme Court in the Dinesh Trivedi case should be followed and the application of criminal defamation should be limited to rare cases where the press has acted maliciously.
According to the new agency’s plea, it is an attempt to misuse the State machinery and authority to bully and intimidate journalists and news organizations in discharging their duty to protect freedom of speech. It was a story that had affected the socio-political scene of the state, and journalists must be able to report on matters of public interest without fearing legal consequences. A single case of criminal defamation could easily intimidate the press into self-censorship.
The petition has sought the High Court to take appropriate action to retrieve the Honourable Supreme Court’s ‘Dinesh Trivedi’ ruling, which stated that the criminal complaint under IPC 499 and 500 must be invoked sparingly. It argued that such actions severely impact the core values of democracy.
In India, the Press Trust of India has continuously served the nation for more than eight decades as a reliable and impartial source of news. This is the first time in its history that the organization has been prosecuted for an article published in the public interest by the agency. The High Court has fixed July 16 as the next hearing date.
The plea seeks to seriously curtail any attempt to muzzle their Constitutional right to freedom of press. It is to be noted that this attack on free press is coming when India is struggling to rehabilitate itself again, which comes handy to serve all those who have a strong dislike for democracy. Step by step freedom is snipped away.
It is imperative that the law defends PTI against any attempt to muzzle free press. The press is just like any other essential institution of a society, and there is a need to defend it against threats purposefully or unintentionally steamrolled by political parties. It is essential that any attempt to restrict journalists’ activities should be cogently and impartially verified.
The whole controversy raises a hue and cry misconduct that is unbecoming a democrat. It also draws people’s focus on how to utilize the Kerala High Court, as learned by the Indian press. This has raised many concerns and is being discussed in many circles. Ultimately, I daresay, and it will not work.
PT