The Hindu : `Jayalalithaa must resile from her position'

Online edition of India's National Newspaper
Monday, Nov 10, 2003

National

National

`Jayalalithaa must resile from her position'

By Our Special Correspondent

NEW DELHI NOV. 9. The Defence Minister and National Democratic Alliance convener, George Fernandes, today asked the Tamil Nadu Chief Minister, Jayalalithaa, to "resile from her position" and said "what is happening to The Hindu and its editors is something that had not happened even during the dark days of Emergency''.

Recalling that the Editor-in-Chief of The Hindu, N. Ram, and himself had together fought against the denial of fundamental rights from the underground during those "trying days", he said, "it is galling to have to see The Hindu and its editors relive those dark days today''.

The Hindu, he noted, had a reputation for objectivity both in presentation of news and its editorial comments, in keeping with the old adage that "news is sacred, comment is free" and said when he went through the newspapers today on return from an official visit abroad, he could not find anything in The Hindu editorial that could be termed as breach of privilege or contempt of the House.

In this context, he quoted from the observations of the Committee of Privileges of Parliament. The panel had observed that:

"... every citizen has a right to offer fair criticism and/or comments on a matter, which is of public concern and that it is not correct to suggest that a Member of Parliament is not liable to be criticised in the performance of his duties as such member. Fair comments or criticisms by a citizen ... particularly a statement couched in proper language in which he puts forward his own version of certain facts, which may be contrary to something said on the floor of the House by a Member or Minister, will not be objectionable. When, however, the citizen exceeds the limit of fair comment or criticism and indulges in imputations of improper motive to a Member of Parliament, he brings himself within the penal jurisdiction of the House''.

He also quoted the observations of the Chairman of the panel in a later case. The Chairman had observed that:

"It is only when a point is reached and the writing ceases to be journalistic vapouring and becomes an improper obstruction to the functioning of Parliament and its members by patent falsehood or otherwise, that action to the extent of punishment is called for. Then the House will never hesitate to do its duty towards itself.''

Undemocratic: Swamy

The Janata Party president, Subramanian Swamy, said in a statement that Ms. Jayalalithaa should "cut her losses and move a Resolution in the Assembly as the majority leader to rescind the Resolution, which seeks the arrest of prominent persons of India's most respected newspaper, The Hindu.''

Describing the November 7 resolution of the Tamil Nadu Assembly as "blatantly undemocratic and against the spirit of the Constitution'', he recalled that in 1978, the Janata Party Government had, by the 44th Constitutional Amendment, got inserted Article 361 A, which specifically barred any action, civil or criminal, against any newspaper or journalist in any court in respect of a publication in the newspaper of a substantially true report of Assembly proceedings, unless the publication is proved to have been made with malice.

"The said November 7th resolution has not brought out an iota of evidence of malice. Nor, anyone knowing N. Ravi, the then Editor, can believe that he is capable of malice. Furthermore, as has been stated in the famous and authoritative book `Practice and Procedure of Parliament' written by two distinguished former Secretaries-General of the Lok Sabha Secretariat, no question of privilege can arise unless a defamatory motive is alleged against a member of the Assembly.In this particular case, The Hindu has merely referred to the Chief Minister's angry remarks and intolerant outlook. These are biting criticisms. But, within limits of the law''.

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