Justice Katju’s statement in Mangalore on Naveen Soorinje’s case


December 3, 2012, http://www.vartamaana.com/
– Justice Markandey Katju

I have been approached by many journalists in Mangalore about my views regarding criminal proceedings against Naveen Soorinje.

It will not be proper for me to make any comment about the particular case of Naveen Soorinje because I am informed that charge-sheet has been filed in a court and that the judicial proceedings are pending before judicial magistrate, and I am told that a petition under Section 482 Cr.P.C is pending before the High Court praying for quashing of the criminal proceedings. As such, since the matter is sub-judice both before the trial court and the High Court it will not be proper for me to comment about the particular case of Mr. Naveen Soorinje.

However, I am informed that in Mangalore journalists are often harassed by the police and also by the hooligans. I therefore make it clear that the Press Council will not tolerate violation of press freedom either by assaults on journalists or giving threats or in any other manner. Freedom of the press is a fundamental right under Article 19 (1) (a) of the Constitution and it is the duty of the State to uphold this right.

I therefore warn the authorities, which includes both political, administrative and police authorities that if they violate this press freedom by assaults or threats to journalists or in any other manner the Press Council will take strong action in this connection. In particular, the State Government of Karnataka through its Chief Minister is given a strong warning to uphold press freedom and to suppress the activities of hooligans or police personnel who violate fundamental rights of citizens, including the journalists.

The State Government is warned that if it does not protect journalists and uphold press freedom it will be deemed that the State Government is unable to run the Government in accordance with the Constitution, and then the legal consequences in Article 355 and 356 of the Constitution may follow. Article 356 (is invoked) when the President of India finds on the report of the Governor or otherwise that the State Government is unable to function in accordance with the Constitution. I am also part of “otherwise” and anybody can make a recommendation. Of course it is up to the President to accept it or not. Under Article 355 Central Government can issue a warning to the State Government asking it to run the Government in accordance with the Constitution failing which recourse may be had to Article 356.

PRESS STATEMENT- Justice Markandey Katju on #Faizabad


 

 

Oct 30, 20012 – Press – Realease

 

I have received a letter from Ms. Teesta Setalvad, Co-editor of Communalism Combat mentioning in detail a serious communal accident which occurred on the evening of October 24, 2012. According to this letter, a huge group of people attacked the Nawab Hasan Raja Masjid in the chowk area of Faizabad for four to five hours committing arson and looting including looting of a large number of shops. The aforesaid Masjid was totally gutted and destroyed by the vandals as also the office of the bilingual Hindi-Urdu publication ‘Aap ki Taaqat’ that stands for communal amity and promotes the Ganga-Jumna Tehzeeb, and the concept ‘Hindi Urdu do Behen’. The office of the aforesaid newspaper is in the first floor of the aforesaid Masjid.  The editor of the publication, Manzar Mehdi, is President of the Urdu Press Association and the publication attracts 80 per cent advertisement support from the Hindu community. The Masjid every year welcomes the Durga goddess processionists and other processions with floral tributes. The mosque that dates back to 1790 A.D. has always practised and preached communal harmony.

 

What has hurt Mr. Mehdi most is the ambivalence of the national media (except the Hindustan daily which published the true facts) and he has alleged that the media has not seen it as an attack on the freedom of the press. “Why is the media deserting its own, especially a small publication that has become a symbol of intercommunity harmony?” asked Mr. Mehdi.

 

It is alleged in the letter that the lock of the Masjid was broken, and the Masjid looted and gutted down. The newspaper Aap Ki Taaqat’s office located on the top floor of the Masjid was also not spared, and it has been vandalized. Books were trampled upon and torn, the computer was destroyed.

 

On receipt of the aforesaid letter from Ms. Teesta Setalvad, I have today appointed a one man committee of Mr. Sheetla Singh, Member of the Press Council of India and a very senior journalist who is also editor of Jan Morcha of Faizabad to enquire into this complaint and submit his report at the earliest. I have spoken to Mr. Sheetla Singh and Ms. Teesta Setalvad on telephone.

 

If the allegations in the letter of Ms. Setalvad are correct it is a serious criminal offence which tends to disrupt the secular framework of our Constitution and society, and deserves condemnation and harsh punishment.

 

Justice Katju Arresting cartoonist for #sedition is illegal #FOE #FOS #Aseem


PTI PHOTO/SANTOSH HIRLEKAR

 

 

PIT, NEW  ELHI, SEPT 10, 2012

Justice Markandey Katju, Press Council of India chairman, today defended Aseem Trivedi, who was arrestedfor allegedly posting seditious content on his web portal, saying the cartoonist has done nothing illegal.”My opinion is that the cartoonist did nothing illegal. In a democracy many things are said, some truthful and others false,” Katju said in a statement.

Trivedi was arrested yesterday and produced in a Mumbai court which sent him to police custody till September 16. He was arrested following a complaint that he had put up banners mocking the Indian Constitution during the Anna Hazare rally held last year in Mumbai.

To drive home his point, Katju recalled his own words as a judge and said he used to often say in court that people can call him a fool or crook inside the court or outside but he will never initiate contempt of court proceedings, because either the allegation is true, “in which case I deserve it, or it is false, in which case I will ignore it”.

“These are occupational hazards, and politicians, like judges, must learn to put up with them,” Katju said.

He maintained that arresting a cartoonist or any other person who has not committed a crime is itself a crime under the Indian Penal Code as it is a wrongful arrest and wrongful confinement.

“So policemen, who make such illegal arrests, cannot take the plea that they were obeying orders of political superiors,” he said.

Citing another example, he said, “During the Nuremberg trials, the Nazi war criminals took the plea that orders are orders, and that they were only obeying the orders of their political superior Hitler. But this plea was rejected by the International Tribunal which held that illegal orders should be disobeyed.”

Markandey Katju calls Mamata Banerjee ‘dictatorial, intolerant, whimsical’


 

PTI | Aug 12, 2012, 09.50PM IST

Markandey Katju calls Mamata Banerjee 'dictatorial, intolerant, whimsical'
Katju said the arrest of Siladitya Chowdhury, who was dubbed as a Maoist by Mamata Banerjee at a rally after he asked what steps she was taking to help farmers, amounted to “blatant misuse” of state machinery and “flagrant violation” of constitutional and human rights.
NEW DELHI: Accusing Mamata Banerjee of being “totally dictatorial, intolerant and whimsical”, Press Council of India chiefMarkandey Katju, who had once praised her,today unleashed stinging criticism of West Bengalchief minister over arrest of a man who asked her a question during a rally.Katju said the arrest of Siladitya Chowdhury, who was dubbed as a Maoist by the West Bengal chief minister at a rally after he asked what steps she was taking to help farmers, amounted to “blatant misuse” of state machinery and “flagrant violation” of constitutional and human rights.

“Her action is most undemocratic to say the least,” he said in a statement today, holding that she is totally undeserving to be a political leader in a democratic country.

The former Supreme Court judge cautioned the administrative and police authorities there against taking her “illegal orders”, warning that they could suffer the same fate as Nazi criminals did for acting on Hitler’s directions.

“I had earlier given a statement in favour of Mamata Banerjee because I thought one should see good points in a person’s personality also.

“But now I have changed my opinion and believe that she is totally undeserving to be a political leader in a democratic country like India since she has no respect for constitutional and civil rights of citizens and is totally dictatorial, intolerant, and whimsical in her behaviour,” he said.

Expressing his “shock” over the arrest of the man, Katju said earlier also she has behaved in a high handed and dictatorial manner.

She had branded a college student Taniya Bharadwaj during a TV programme as a Maoist merely because she had asked an innocuous question. She had also got one Jadavpur University professor arrested, Katju said.

The former Supreme Court judge warned the administrative and police authorities that they could face criminal proceedings for taking “illegal orders”.

“At the Nuremburg Trials the Nazi war criminals took the plea that orders were orders and they were only carrying out the orders of Hitler, their superior, but this plea was rejected and they were hanged. The West Bengal officials should take a lesson from the Nuremburg verdict if they do not wish to suffer a similar fate,” he said.

Farmer  arrested for ‘daring to question’ Mamata Banerjee

Agencies : Midnapore (WB), Sat Aug 11 2012, 17:33 hrs
Mamata Banerjee

A man who asked West Bengal Chief MinisterMamata Banerjee at a public meeting what steps she was taking to help farmers has been arrested by the police.The man Siladitya Chowdhury had told the chief minister at her public meeting at the former Maoist stronghold of Belpahari on August 8 that farmers were dying and asked what steps her government were taking since ’empty promises were not enough’.The chief minister had been taken aback and claimed that the man was a Maoist. She had asked the police to arrest the man.

The police had detained Chowdhury, a resident of Noawa village under Binpur police station, but had let him go after questioning.

He was arrested last night from his home, police sources said.

Chowdhury was produced in the Additional Chief Judicial Magistrate Priyajit Chatterjee’s court today and remanded to 14 days in judicial custody.

He was charged under sections 332 (voluntarily causing hurt to deter public servant in discharge of duty), 333 (voluntarily causing grievous hurt to deter public servant in discharging public duty), 353 (assault or criminal force to deter public servant from discharging duty), 447 (criminal trespass) and 506 (criminal intimidation) of IPC.

Earlier this year on May 19, the chief minister had accused a student on a TV talk show of being a Maoist, when questioned about what she was doing about the security of women after the Park Street rape of an Anglo-Indian woman.

 

The media’s handling of #sexworkers and marginalised has been patently insensitive


Festival with a difference
NUPUR BASU reports on the deliberations of a congregation from 42 countries in Kolkata.
Posted/Updated Tuesday, Jul 31 , The hoot.org
Meena (name changed) came from a middle-class family in Baroda. Like millions of girls in our country, she had an arranged marriage and had children. One day her husband left her for another woman, leaving her holding onto three small children. Unable to find a job, Meena got trapped into sex work. With the money she earned, she was able to send all her children to school and put food on the table. A year ago, the police raided her house and threw her into jail. She was there for nine days and finally managed to come out on bail after paying Rs. 10,000.
“The local television channels and newspapers published my picture; my parents, my brothers, and my entire family came to know, and I became an outcaste from my family. Why does the media put so much masala and make a laughing stock of us in society? Do they not have a conscience? Are we not human beings who have feelings and a sense of honour?” she said sobbing as she addressed a Media Plenary at the recent Sex Workers’ Freedom Festival in Kolkata.
All those on the dais, including the media persons, were moved to tears by Meena’s story. Among the 700-odd sex workers in the auditorium, some were seen openly crying. Meena had told a story that had a strong parallel in their lives.
Mumtaz Begum (name changed) of Ajmer district recounted how when three young sex workers from their community went to attend a party on Valentine’s Day on February 14, the police arrested them and put them behind bars. The police had informed the media earlier, and the latter took pictures of the women and splashed them in newspapers and on television channels.
“The entire day the local Sarera channel kept repeating in a loop the faces of these young women and people watched them in tea shops, hotels, and street corners. These women had done nothing wrong. They had just gone to attend a party. Finally we had to go and get them released on bail by paying Rs. 6000 each”, Mumtaz Begum recounted. “Sometimes these girls end up committing suicide because they cannot face the stigma from the media and the community”, she said with tears in her eyes.
“You don’t show the faces of dacoits and thieves in the media. Why do you show ourfaces?“ a sex worker from Maharashtra asked angrily. They were speaking at a plenary on “Media response to sex workers’ rights agenda” at the XIX International AIDS conference hub in Kolkata from July 22 to July 27. Nine hundred female sex workers, men having sex with men, and transgender persons had come from 42 countries to hold the Freedom Festival in Kolkata after having been denied visas to attend the main conference in Washington, DC.
Dominant theme
Invasion of privacy and violations of rights of marginalised communities by the media was a dominant theme at the historic Kolkata hub.
“I need to emphasize that the havoc that media can create in the lives of marginal communities is enormous and despite all the support that media render to such communities there is no way that they can compensate or undo the damage they have inflicted on the community”, says Akhila Sivadas, founder of Centre for Advocacy and Research (CFAR), one of the co-sponsors of the festival. She added, however: “Today the marginalised communities are strengthened by the presence and their knowledge of regulatory bodies such as the News Broadcasting Standards Authority and the Press Council of India. They have learned to file complaints, approach the authorities, and get heard in places that matter.”
They quoted a hidden camera sting by the TV9 channel conducted in the houses ofDevadasis in Kudligi village in Bellary district in Karnataka in December 2009. Undercover reporters posed as clients with hidden cameras and talked to sex workers and their families. Their faces were revealed and the script for the story titled “Hanumana Hendthiru” (Wives of Hanumantha) was full of crude innuendos.
To add insult to injury, the report got the Goenka Award for Best Investigative Report and it was given away by the Vice-President of India. Several organisations have now written to Vice-President Hamid Ansari to withdraw the award for its exploitative coverage. A complaint was also filed with the News Broadcasters Association (NBA), a self-regulatory body of TV channels.
“Self-regulation by electronic medium is a new initiative and when it comes to violations by the media, it is not easy to ensure a level playing field for vulnerable groups. The media feel they are invincible, especially when it comes to marginalised communities” says Sivadas.
They quote several examples of such violations by the media in recent times:
  • A person from the transgender community was portrayed negatively on December 6, 2012 in Chennai on an entertainment channel, Zee Tamizh. They depicted her as the cause of marital break-up. The social ostracism against her was instant. The victim contacted the channel to stop telecasting the promo, but the producers refused to respond and allegedly went to the extent of abusing her. A protest letter drafted by CFAR demanding redress from the channel drew a blank. A formal complaint was then launched with Indian Broadcasters Foundation (IBF), a self- regulatory body set up to regulate entertainment channels. They agreed to take action against the producer who had wronged the transgendered woman. They assured the community that in the future they would be sensitive about their portrayal.
  • Another defamatory depiction of MSM/transgender community using unethical means was reported in Jagtiyal, Warangal, Andhra Pradesh. A sensational report was allegedly aired on NTV on October 31, 2011 accusing NGOs and CBOs in Warangal of “trapping” and “luring handsome men” and forcing them to undergo sex change. The half-hour programme, according to CFAR, was full of falsehood. A rejoinder was drafted and sent to the channel. When they failed to respond, a complaint was filed online to NBA on January 21, 2012. They were informed that since NTV was not a member of NBA, it had written to the Ministry of Information and Broadcasting requesting the Ministry to direct the channel (NTV) to cooperate with NBA in its inquiry.
According to CFAR, a programme they conducted between April 2011 and March 2012 with community-based organisations across four States–Tamil Nadu, Andhra Pradesh, Karnataka, and Maharashtra–used diverse pegs to strengthen media messaging on reducing stigma and discrimination against People Living with HIV, and promoting social inclusion. The media addressed incidents of stigma and discrimination against PLHIV and marginalised communities in many ways. As many as 677 news reports emerged as a result of this effort.
The message given out at the conference was clear: Don’t take false portrayal by the media silently. Be proactive and contact the agencies that are there to look into excesses.
Gulnaar (name changed) from Guntur in Andhra Pradesh summed it all up very well: “Some media people are good and some are bad. Our message to the media is, ‘please do not look at sex work with a bad eye. We do this for our children, our family, our husbands’. Behind every sex worker is a very sad story.”
But despite the poor news stories, the gathering at the Kolkata hub was upbeat. As sex workers on the dais sang: “Hey Ho- Let’s go! Our right to say ‘yes’! Our right to say ‘no’ !”, Lakshmi Narayan Tripathi, a transgender sex worker from Mumbai, who sat on the stage holding a red umbrella over her head, to symbolise that they were all under one roof (see picture), said the news from the media stable was not all gloom and doom. “It is thanks to the support of the media on many issues in the last decade that we have been able to effect changes in the law; without them we could not have done it alone.”
Clearly the media has the ability to drive progressive policy and fight discrimination. The tragedy is when they become the object that drives discrimination.

The Pakistan Supreme Court “has flouted all canons of Constitutional Jurisprudence”


Posted on June 21, 2012 by beenasarwar

Justice Katju: “The Prime Minister holds office as long he has the confidence of Parliament, not confidence of the Supreme Court.”

Justice Markandey Katju, former Justice, Supreme Court of India and presently Chairman, Press Council of India just sent an article about the recent order of the Pakistan Supreme Court declaring that Mr. Gilani is not the Prime Minister. Justice Katju writes, “In my opinion the Pakistan Supreme Court has gone totally overboard, flouted all canons of Constitutional Jurisprudence, and is only playing to the galleries and not exercising judicial restraint. It is thereby upsetting the delicate balance of power in the Constitutional scheme.”

In his article, Justice Katju explains the concept of immunity and stresses the need for balance between the organs of the state. He writes that it may be published freely in any newspaper:

By Markandey Katju

When I was a student of law in the Allahabad University I had read of the British Constitutional principle ‘The King can do no wrong”. At that time I did not understand the significance of this principle and what it really meant. It was much later, when I was in law practice in the Allahabad High Court that I understood its real significance.

The British were experienced and able administrators. They realized from their own long, historical experience that while everybody should be legally liable for his wrongs and made to face Court proceedings for the same, the person at the apex of the whole Constitutional system must be given total immunity from criminal proceedings, otherwise the system could not function. Hence the King of England must be given total immunity from criminal proceedings. Even if he commits murder, dacoity, theft, or some other crime the King cannot be dragged to Court and made to face a trial.

One may ask, why should the King be given this immunity when others are not? The answer is that in the practical world one does not deal with absolutes. The British were one of the most far sighted administrators the world has known. They realized that if the King is made to stand on the witness box or sent to jail, the system could not function. A stage is reached at the highest level of the system where total immunity to the person at the top has to be granted. This is the only practical view.

Following this principle in British Constitutional Law, almost every Constitution in the world has incorporated a provision giving total immunity to Presidents and Governors from criminal prosecution.

Thus, Section 248(2) of the Pakistan Constitution states: ”No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office”.

The language of the above provision is clear, and it is a settled principle of interpretation that when the language of a provision is clear the Court should not twist or amend its language in the garb of interpretation, but read it as it is.

I therefore fail to understand how proceedings on corruption charges (which are clearly of a criminal nature) can be instituted or continued against the Pakistan President.

Moreover, how can the Court remove a Prime Minister? This is unheard of in a democracy. The Prime Minister holds office as long he has the confidence of Parliament, not confidence of the Supreme Court. (emphasis added)

I regret to say that the Pakistan Supreme Court, particularly its Chief Justice, has been showing utter lack of the restraint which is expected of the superior Courts. In fact the Court and its Chief Justice have been playing to the galleries for long. It has clearly gone overboard an flouted all canons of Constitutional Jurisprudence.

The Constitution establishes a delicate balance of power, and each of the three organs of the State, the Legislature, the Executive and the Judiciary must respect each other, and not encroach into each other’s domain, otherwise the system cannot function. It seems to me that the Pakistan Supreme Court has lost its balance and gone berserk. If it does not now come to its senses I am afraid the day is not far off when the Constitution will collapse, and the blame will squarely lie with the Pakistan Supreme Court, particularly its Chief Justice.

Justice Markandey Katju
Former Judge, Supreme Court of India
Presently Chairman, Press Council of India

Read orginal Post here

Bogey Of Maoism Raised Against Koodankulam Protester


By V Geetha

26 March, 2012
Countercurrents.org

A letter written to Justice Markandey Katju, Chairman , Press Council of India on the totally skewed reporting of the arrest of three protesters at Koodankulam

Dear Justice Katju

My name is V. Geetha, and I am live in Chennai. I am a writer, with an interest in civil rights issues. I write this note to register my shock and bewilderment at some recent developments in my state. Given your concerns about the relationship between freedom and responsibility as far as the media is concerned, I felt it important to convey some of my – and other peoples’ – misgivings over media reporting of sensitive political events.

Throughout today, March 25, SUN News, part of the SUN TV network, while reporting on three men arrested over the last few days, for supporting the anti-nuclear plant struggle at Kudankulam has alleged they are all ‘Maoists. The channel has further gone on to note that it has got wind of a ‘ naxalite plot’ that is all set to take over the anti-nuclear plant protests at Idinthakarai.

As you know, the people of the village of Idinthakarai on the south-east coast of Tamil Nadu have been protesting the establishment of a nuclear power plant at Kudankulam. The protest has been the most peaceful and principled that this state has witnessed in recent years, being led by community leaders from across several social strata, including fisher folk, day labourers, artisans, traders and teachers. To thus characterise their struggle, which is essentially one that seeks to assert their right to life and liberty, as incipiently ‘Maoist’ is both mischievous, irresponsible and downright disrespectful.

To allege that the three men arrested are ‘Maoists’s is no less mischievous. One of them, Vaniarasu, belongs to a well-known dalit political party, committed to the electoral process and recognised as such by the Election Commission of India – this is the Viduthalai Siruthaigal Katchi. Another, Mukilan has been active in Tamil and left cultural circles. Satish the third person is currently a student, who was once arrested under POTA, when he was barely 20 years of age, and charged under Section 5 of the now defunct law. He has since been out on bail, and attending his court hearings as and when he is required. He has currently trying to re-build his life and make up for his lost years.

Quoting unnamed police and Q branch sources SUN News Channel has attempted to weave a grand conspiracy theory involving all these three men. The channel has been especially vicious in its reporting on Satish, given his legal history. It is as if once arragined under a draconian law, an individual cannot but be termed ‘guilty’ of ‘acts of terror’. This flies in the face of all civilised notions of wrong and right, and the important ethical principle that some of our more outstanding judges have lived by – tempering as they have done, the measure of legal justice with the measure of compassion and understanding.

At various times today, we have been told the following by SUN News:

1. The three men who were arrested are all ‘Maoists’, and they have taken over the anti-plant struggle. In fact, just as in Nandigram, they have ‘infiltrated’ the region and the entire struggle is now gone over to their influence.

2. Of the three men arrested, it has been said, that one of them (Satish), has 12 cases pending against him at Kudangulam police station. It was also said that a case has been filed under POTA (sic) against the same man. The news channel refers to unnamed police sources to back these claims.

3. SUN News claims that it has been told by the Q branch that the anti-Kudangulam protesters have learned their ‘technique’ from the Maoists – laying road blocks by breaking parts of the road, for instance.

There are several issues here:

– the three men who have been arrested were all part of peaceful protests against the plant that has seized several parts of the state. They were arrested between March 21 and March 23, and kept in illegal detention for a while before they were produced before a Magistrate. SUN News has been flashing their photographs, alleging their ‘naxal’ involvement, thus creating a hysteria of sorts over what is happening at Kudankulam.

– when concerned citizens have called the news channel to protest the sustained telecast of these views that are completely baseless, the TV channel has shown little or no remorse or respect. Only after constant arguing have they deigned to note that Satish was once charged under POTA.

– the litany of ‘Maoists’ taking over the anti-nuclear plant struggle has been time and again refuted by the organisers of the struggle at Idinthakarai, and while SUN News channel carries these views, does not think it important to bracket the so-called police stories that it claims to have received. These continue to circulate on the channel as ‘self-evident’ truth.

We feel deeply pained at what seems on the face of it a complicit and silent pact between certain sections of the media and the police to discredit the anti-Kudangulam plant struggle. It appears that the police and the governments at the Centre and state levels are now determined to use the one weapon in their arsenal that is bound to either silence or render non-credible perfectly democratic and constitutional struggles – the charge of ‘Maoism‘. That the media instead of challenging these attempts of the state to malign its own people should participate in it is deeply disturbing. Equally disturbing is the manner in which the media, at times, behaves like a juror and a court, and passes judgement, even before it is clear what the cases are all about and when the Courts of this land are yet to decide on the merits and demerits of such cases.

I do hope that the Press Council of India can take note of such developments as and when they happen and record its disquiet.

Thank you, Geetha

 

Attacks on Journalist​s: Press Council chief serves dismissal notice on CM


22.2. 2012

Shri Prithviraj Chavan,
Chief Minister of Maharashtra,
Mumbai,

Dear Chief Minister,

A delegation of eight journalists from Maharashtra met me today and apprised me of a large number of physical attacks on journalists/media houses in the State of Maharashtra including the recent one on Times of India building in Mumbai allegedly by Shiv Sena people.

I was informed that in the last ten years well over 800 journalists were physically attacked, while in the last two and half years
213 journalists were attacked by political workers and anti-social elements. More shocking was the day light – murder of veteran journalist J.Dey.

In this connection I had written two letters to you but there was no response from your side to either of them. Did I not even deserve the courtesy of a reply?

Freedom of the Press is a guaranteed Constitutional right under Article 19(1) (a) of the Constitution, and it is the duty of the Press Council of India to uphold the freedom of the press in view of section 13 of the Press Council Act.

It is the duty of the State Government to maintain law and order in the State, but it seems to me that your Government is neither able to maintain law and order nor prevent attacks on journalists, which seriously imperils freedom of the press.

You are, therefore, requested to now show cause why I should not recommend to the President of India to dismiss your State Government under Article 356 of the Constitution since your Government apparently seems to have failed to uphold the Constitution as it has failed to uphold the freedom of the press under Article 19 (1) (a).

Please give a reply to this letter within three weeks from today after which I will take such action as is fit in the circumstances.

Yours sincerely,
(Markandey Katju)

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