'Journalism Can't Be Prosecuted As Terrorism' : Media Groups Write To CJI DY Chandrachud Seeking Norms On Seizure Of Electronic Devices

In the wake of a series of raids by the Delhi police into the residences of journalists and writers associated with 'Newsclick', the Press Club of India and several other media organisations have written to the Chief Justice of India, DY Chandrachud asking the judiciary to step in and put an end to the repressive use of investigating agencies against the media. They have sought for guidlines from the judiciary on police seizures of electronic devices of journalists. 

"..the developments over the past 24 hours have left us no option but to appeal to your good conscience to take cognisance and intervene before it is too late and an autocratic police state becomes the norm," the letter says.  

The letter urges the Judiciary to uphold the values of freedom of speech and expression enshrined in the Constitution. “The fact is that today, a large section of journalists in India finds itself working under the threat of reprisal. And it is imperative that the Judiciary confronts Power with a fundamental Truth-that there is a Constitution to which we are all answerable,” the letter states.

On October 3, 2023,the Delhi Police's Special Cell searched the homes of 46 writers, editors, journalists associated with the online news portal ‘NewsClick’. Two people were arrested under the Unlawful Activities (Prevention) Act, and mobile phones and computers were confiscated. “The invocation of UAPA is especially chilling. Journalism cannot be prosecuted as 'terrorism: Enough instances in history abound to tell us where that eventually goes,” the letter says.

The letter points out that on numerous occasions in the recent past, the country’s investigating agencies have been weaponised against the Press. Sedition and terrorism cases are being filed against journalists as an instrument of harassment and as a means to curb free press.

“…intimidation of the media affects the democratic fabric of society. And subjecting journalists to a concentrated criminal process because the government disapproves of their coverage of national and international affairs is an attempt to chill the press by threat of reprisal-the very ingredient you identified as a threat to freedom,” the letter says.

The letter cites the case of Siddique Kappan who was arrested under UAPA and spent more than 2 years in jail before getting bail. The letter also highlights the death of father Stan Swamy, who died while in custody under UAPA charges. “The tragic death of Father Stan Swamy in custody is a reminder of how indifferent the authorities seem to have become towards human life under the guise of combating terrorism”.

The letter suggests the following measures to address the issue of restraint on free press and persecution of journalists: 

1. The framing of norms to discourage the seizure of journalists phones and laptops on a whim, as has been the case. The Supreme Court is seized of this issue in a writ petition filed by noted academics-Ram Ramaswamy & Ors. v. Union of India, WP (Cr) No. 138/2021 and has not been satisfied by the affidavits filed by the Union of India in these proceedings. While the wheels of justice have been turning, the State has continued to act with impunity. The seizure of devices compromises our professional work. As the Supreme Court itself has observed (in the Pegasus matter), the protection of sources is an "important and necessary corollary of freedom of media. But laptops and phones are no longer just official tools used to conduct official business. They have fundamentally become an extension of one's self. These devices are integrated into our entire lives and have vital personal information contained in them from communication to photographs to conversations with family and friends. There is no reason or justification that Investigating agencies should have access to such material.

2. Evolving guidelines for the interrogation of journalists and for seizures from them, to ensure that these are not undertaken as fishing expeditions with no bearing to an actual offence.

3. Finding ways to ensure the accountability of State agencies and individual officers who are found overstepping the law or willfully misleading courts with vague and open-ended investigations against journalists for their journalistic work.

"As journalists and news professionals, we are always ready and willing to cooperate with any bona fide investigation. However, ad hoc, sweeping seizures and interrogations surely cannot be considered acceptable in any democratic country, let alone one that has begun advertising itself as the ‘mother of democracy’", the letter read.

The letter has been endorsed by media organizations such as Digipub News India Foundation, Indian Women's Press Corps, Foundation of Media Professionals, National Alliance of Journalists, Network of Women in Media, Chandigarh Press Club, Delhi Union of Journalists, Kerala Union of Working Journalists, Brihanmumbai Union of Journalists, Free Speech Collective Mumbai, Mumbai Press Club, Arunachal Pradesh Union of Working Journalists, Press Association of India and Guwahati Press Club.

Click here to read the letter