“In our country, I find that we are in the midst of a paradox; we have Fundamental Rights, we have limitations imposed upon them, and yet the Supreme Court and the High Courts say. ‘You shall not have any further limitations upon the Fundamental Rights.” –Dr Babaheb B R Ambedkar, during the Parliamentary Debates on the First Amendment to the Constitution, on May 18, 1951
On November 4, 2020, the arrest of Arnab Goswami, Editor-in-Chief and founder of the Republic Media Network shocked the media world. The outrage among people is visible. Most of the media voices termed this as unjust and undemocratic, though with ifs and buts. The discussion is revolving around an individual and his persona or style of journalism. If we get to the crux of the modus-operandi by the Maharashtra Government, then the issue is political and constitutional. We need to ask the right questions to understand those dimensions. Is a journalist above the law? What are the reasonable restrictions media has to follow while enjoying Freedom of Expression? What are the real crimes for which Government of Maharashtra is targeting the Republic Media network? Goswami?
As far as the case related to alleged abetment to suicide is concerned, forget about a journalist, no one can have any immunity under the Constitution of Bharat. In this particular suicide case, a closer report was submitted by the same police department in 2018. If they have to open the same, then there is a procedure defined by the law. The issue is with the abrupt opening of the case, and the way arrest was made. Why was the proper permission from the magistrate not sought? Why any summon was not issued?
There are inherent restrictions, for individuals and organisations, including media, as far as the free speech is concerned. Here, some people equating the arrests of some activist turned journalist associated with the Popular Front of India (PFI) or other charges related to sedition is misleading and erroneous. Hatching conspiracy against the State, creating divisions in the society and sharing sensitive information related to our defence establishment are seditious crime. Equating all these cases with the arrest of Arnab can be disastrous.
Both these issues bring us to the real question of real crimes of Arnab Goswami and his Republic edia Network. Many people do not appreciate his style of doing a show. That is fine. He runs a sustained campaign on a specific issue. While doing so, he names and shames people from media fraternity also, breaking the standard operating procedures of the Lutyens Delhi network. Liaisoning with wither politicians or corporate houses, putting personal interest above commercial interests and keeping mum about all this has been the key components of this eco-system. Arnab challenged the same. Sitting in Mumbai, he questioned about the issues of misgovernance during the Covid-19 crisis and apparent law and order issues such as Palghar Sadhu Lynching. The Bollywood-underworld and drug mafia network is another issue he picked up for a sustained period. While doing so, the dynastic families both in politics and the entertainment industry were on his target. He certainly put the nation first approach in media, which generally is not cherished by the media establishment in Delhi. All these seem to be the real crimes of Arnab for which he is paying the price.
Along with media freedom, how far the people who have always accused others of fascist tendencies are ready to listen to criticism against them is a critical question. On these grounds, this particular arrest is vendetta and unreasonable. If we do not stand up now against this threat to the journalistic freedom posed by the family-oriented parties, tomorrow everyone from media industry will bear the brunt in future.
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