Friday, October 16, 2020

Justice Ramana l’affaire Must be Inquired for the sake of Judiciary


This is for the first time that constitutional authority,  no less than the Chief Minister of Andhra Pradesh, Jagan Mohan Reddy  has levelled direct allegations against another very high constitutional authority  NV Ramana, who is the second senior-most judge of the Supreme Court of India. Mr Reddy has not minced words and said that Justice Ramana has been acting against him and his government. Some judges of the Andhra Pradesh High Court are not only in cahoots with Justice Ramana, but they are working at his instance to often put the government in a spot. As a result of it, the developmental works of his government are getting hampered. This is no longer an issue between two individuals but it is now a matter between the two rather all three  pillars of democracy.

   Mr Jagan Reddy’s letter to the Chief Justice of India Justice AS Bobde against Justice Ramana, who is in the line to become the next Chief Justice of India, should not be consigned to the dustbin by dismissing as frivolous and baseless. It should be taken with all seriousness that it demands because it is the question of the integrity and majesty of the Judiciary. Mr Reddy has not written any anonymous letter in a surreptitious manner. He has said it publicly and the former Chief Secretary of the State, who is now an advisor to the Chief Minister has circulated it to the media and that is the reason that his letter has come into the public domain has assumed significance.

  One wishes that what Mr Reddy has said is found to be wrong, but can this matter be allowed to rest at that? Only a proper enquiry by some top judges and the at least two chief justices of the High-Courts should be formed to probe into the matter as that will restore the solid faith of the people in the judiciary.

  In fact, Justice Ramana should himself volunteer for an independent enquiry to come clean of all allegations. If the high-powered independent enquiry finds that allegations are wrong and motivated then the contempt of court proceedings must be initiated against Mr Reddy and the harshest punishment should be meted out to him and he should be declared unworthy of holding any post, be it elective or nominated. That will serve as a deterrent for others from making any allegations against any judge of the High Court or the Supreme Court.

   Trust and impartiality are the sine qua non of the judiciary and it should be saved and protected steadfastly by everyone but more so, by the judges themselves. It must begin right from the time of the selection and appointment of the judges. NJAC was a step forward in that direction for instilling confidence among the people about the impartial appointment of judges but that was spiked by the constitution bench of the Supreme Court.

  One fails to understand as to why many Bar Associations are bending backwards to trenchantly criticise Jagan Mohan Reddy. It defies all logic why anybody should be condemned without confronting him/her in an impartial enquiry.   The one-sided view is anathema to the judicial system and yet some Bar Associations are passing the judgments. It is unfair, to say the least. Therefore, in all fairness, Justice Ramana should himself keep away from judicial works and ask for the constitution of the independent enquiry committee, which should be asked to conduct and submit its report in a time frame.

This will go a long way in enhancing the prestige of the judiciary. Ethical values play an especially important role in the glory of a person and the profession. Justice bereft of morality is like a body without the soul, which should be burnt or buried. 

 

 

 

Saturday, October 10, 2020

Fudging of Circulation by Newspapers and TRP by TV Channels is an Open Secret

 

  Fudging and fraud in showing the inflated figures of circulation of newspapers and Television Rating Points (TRP) is not a new phenomenon. It has been going on for decades. However, a new trend in journalism of naming and shaming of one media house by the other or by one journalist by other has been emerging extremely fast and I personally welcome it. Keeping the malpractices under practice promotes corruption and the media industry badly inflicted with it. Some media houses have been building empires, some journalists have been making money, getting coveted posts and many more facilities by sheer dint of their connections with the powers that be. The principle of ‘dog does not bite dog’ has been saving corrupt journalists and blackmailers.

    The credit for it certainly goes to some trend setting journalists, who have exposed the nexus and complicity of the journalists, media houses with those of the political parties, foreign-funded establishments, and ruling dispensations. It is said that the attrition generates electricity which enlightens and ensures transparency.  Mumbai police have started investigations against certain channels for fudging the TRPs. There is no doubt that the Mumbai police is doing it at the instance of the political masters, out of vendetta and vindictiveness against one TV channel but the result is certainly going to be good as it  will help expose the rampant corruption in the media.

    We often hear the rags to riches story of some journalists and their organisations because of largescale corruption and cronyism. There have been 73000 newspapers in the country according to 1915 records of the RNI. Every newspaper including the big ones has been submitting increased figures of circulation to the government for obtaining advertisements at high rates. There have been newspapers which have been publishing only the file copies and yet they used to claim exceedingly high circulations. Big newspapers like the Times of India, Hindustan Times, the Hindu, Dainik Jagran, Dainik Bhaskar, Amar Ujala, Nav Bharat Times, Hindustan, and India Today etc, have been giving incentives to swell their circulation.

   The reasons are not far to seek when most of the newspapers were up in arms when the Government of India introduced six parameters to release DAVP advertisements. Some of the conditions were like giving the GST receipt on the newsprints used by them, the name of the Printing Press and the number of employees and the PF being paid to them. It was found that the name of a small printing press was being used by thirty to forty daily, weekly, and fortnightly newspapers, and the total circulation of them was no less than twenty to twenty-five lakhs, which was far beyond the capacity of the printing press, which did not have more than four of five employees. No PF was deducted for them. Thus, everyone from the printing press to owners of newspapers chartered accountants, and the minions of DAVP was found to be neck-deep in fraud and the mess. When the attempts were made to stop it, most of them raised the banner of revolt terming it as the onslaught on the freedom of the press. Fly by night media associations sprung up all over the country and orchestrated in one voice that the government was out to stifle and strangulate the small and medium newspapers.  

It is an open secret that almost all TV channels have been managing and manipulating the TRPs but it is undoubtedly a matter of great satisfaction that the investigations will go a long way in exposing and cleansing the fraud and forgery of the channels. It is bound to a blessing in disguise for the people of the country, so, we must welcome it. The Government must also wake up to the occasion to ensure that malaise from  media is removed.