THE FREEDOM OF EXPRESSION CONFERENCE HELD IN AHMEDABAD

 

22nd. June Ahmedabad-

 

Gujarat State Freedom of Expression Conference was held in  the packed hall of 
Bhaikaka Bhavan.. located near Lawgarden of the city. The conference was 
presided over by Sri Chunibhai Vaidya, known Sarvoday leader. Sri Kuldip Nayar, 
Justice Rajendra Sachar, and Sri Kannaviram, the President of P.U.C.L were the  
distinguished speakers in the conference

The conference was organised by PUCL.Movement for Secular Democracy, JP 
Centenary Committee, PRASANT , Nirikhak, Nayamarg, Bhoomi Putra, and JalSeva.

The conference was attended by citizens of the state from all walks of the 
life. in large number..

 

Sri Indukumar Jani moved the resolution with an introductory speech, where he 
explained the importance of freedom of expression conference in the state.

 

Justice Rajendra Sachar in his speech referring to the sedition charge on Times 
of India said that the sedition charges were the colonial legacy and it's use 
by state machinery amounts to gross insult to basic tenets of freedom of 
expression .He said," without a free press there will be no functional 
democracy. There is a court of law and individuals have the right to file 
defamation suits but calling for sedition charges against journalists and media 
are uncalled for.''

 

Sri Kuldip Nayar said there is an undeclared emergency in the country. He 
recalled the black days of emergency and said , ''It is astonishing to see L. 
K. Advani the then member of Jan Sangha vociferously opposed the media gagging 
during emergency era and now BJP, representative of the same Jan Sangha has 
been widely involved in curbing the voice press."

Sri Kannaviram, in his speech  while condemning the sedition charge on the 
press emphasized on the case filed against Sri Ashish Nandy on his article on 
the Middle class, which analysed the silence of Middle class in Gujarat is 
undemocratic and assault of freedom of expression. He dealt with the abuse of 
power by the Govt. 

Sri Digant Oza read out the message sent by Sri Narayanbhai Desai and called  
to uphold the freedom of expression..

Prof B.J. Banhulawalla, in his speech expressed absence of rule of law in the 
state and plight of the Muslim Minority..

 

Advocate Sri Girishbhai Patel said the undeclared emergency is more dangerous 
than the declared emergency. He said freedom of expression is curtailed by 
various sections including state, religion and other non-state elements and so 
called moral police. 

Sri Dwarika Nath Rath expressed concern over the silence  and indifference of 
the middle class and emphasized on active resistance in place of passive 
resistance  of all citizens and launch people's movement on burning problems  
to thwart the incoming danger of Fascism, the worst enemy of the mankind.

 

The President of the meeting Sri Chunibhai Vaidya, in his speech said how in 
the name of the development and SEZ the lands are been acquired by the 
capitalists in the various areas of the state. He expressed his deep concern 
how the voiceless villagers are ignored and left at the mercy of Reliance in 
Jamnagar and Adani in Mundra of Kutch. He called to fight against the land 
grabbing capitalists and stand united with the helpless villagers.

While giving vote of thanks Fr. Cedric Prakash called to remain united for 
greater fight.

The meeting was conducted by Sri GautamThacker. He declared that the article by 
the Times of India reporter Sri Prasant Dayal which invited the wrath of the 
sedition will be printed in Gujarati language.

The songs were presented by the song troupe of All India Democratic Students' 
Organisation followed by the freedom fighter Sri Suryakant Parikh.

 The resolution was passed unanimously.

A delegation of the conference will meet the Governor on 24th June in 
Gandhinagar.

 

22ND, JUNE -FREEDOM OF EXPRESSION CONFERENCE  - THE RESOLUTION

 

Gujarat State Level Conference of freedom of Expression of Gujarat recalls the 
black days of emergency where all the fundamental rights, democratic, civil 
rights were trampled and thousands were put behind the bar. Pre censorship on 
media was imposed and various newspapers, journals were sealed off including 
Bhoomi Putra of Gujarat.

Though it is going to be the 34th year of emergency, the trail of it is still 
endangering the democracy where the freedom of expression is becoming the worst 
casualty. It is under surveillance. Now the charge of sedition on Times of 
India, cases against Ashish Nandy, attack on Kumar Ketkar and many other 
journalists and media throughout the country, imprisonment of civil right 
activist Dr. Binayak Sen and others and the promulgation of draconian acts in 
various parts of the country is a matter of grave concern. Minorities choose to 
remain silent but waiting for the justice.The dalits, the poor workers, 
marginalized section and the women hardly have any forum where they can express 
freely about their plights. Freedom of Religion Law which the Government has 
enacted from April 1st 2008.  curbs the right of a citizen from Freely 
expressing and choosing the religion of his/her choice. This conference takes 
serious note of all these developments related to freedom of expression.

The Conference would like to draw the attention that according to a survey 
conducted by media advocacy group in Paris during October 2006, ranking 
countries from best to worst in protecting the freedom of press, India was 
ranked at 115 in restoring press freedom

 

 The recent sedition charge against TOI has alarmed all the democracy loving 
people in the country which has evoked country wide protest.

 First of all this conference condemn the sedition charge against Times of 
India, a tip of an iceberg in Gujarat. Several press have also been the victim 
in Gujarat. It is a direct assault on freedom of Press, which is the fourth 
Estate in a democratic country.  Registering the case against Times of India is 
a deliberate action of Police to suppress the voice of dissent of the press and 
create an atmosphere of panic in the state, where violation of human rights and 
Democratic rights is becoming a regular practice of the Police and Govt. in 
Gujarat in overt and covert fashion for last so many years.

The features carried by Times of India exposing the close  nexus between Police 
officer Mr. O.P. Mathur with Mr. Abdul Latif , is not only appalling but raises 
 serious question about the credibility of  the Police Officer in high rank  
and  level of criminalization of Police in the state.

 

The Ahmedabad city Police Commissioner Mr. O.P.Mathur instead of responding to 
the documented investigative report published by the Times of India either by 
refuting the charges or by filing defamation case but to treat the reports 
questioning his competence as amounting to excite hatred, contempt or 
dissatisfaction towards the Govt. reflects his undemocratic character and 
audacity to equate himself as Govt. established by law. If Mr. Mathur has acted 
with the approval of the Govt., it exposes how the state attempts to suppress 
democratic dissent., which can be a British colonial hang over.

 So, any threat to freedom of  press and freedom of expression by any quarter 
of the administration is a direct threat to democracy and perpetuate fascist 
type of rule 

The role of media as the watchdog of democracy and its role to disseminate 
right to information to the citizen is always indispensable, which the Times of 
India has been performing.

The charge of Sedition or prosecution of media persons is not new in Gujarat. 
It has become a normal practice.IPC section 124 (A) has been used at will 
against the editors, reporters in Gujarat and they are put behind the bars

  a.. The reporter of AajTak was charged because of telecasting the news 
exposing the indifferent attitude of the Modi Govt. towards the orphan of the 
riot victim of Naroda Patia , as assured by the then President of India 
Dr.A.P.J. Abdul Kalam.The editor of Samana of Surat was prosecuted due to its 
coverage on the Surat flood. 
  b.. The editor of Aajkal of Rajkot was charged with 124A because of coverage 
of news exposing the nexus between Police and the Underworld in Bhavnagar. 
  c.. The editor of Young Aarohi of Veraval was framed 124A because of carrying 
the news exposing the Arms traffiking. 124A was also filed against 
  d.. Ms. Nafisa Ali and daily Divya Bhaskar on her comment on carnage 
2002.There are innumerable overt and covert threats to the media in the state. 
Inspite of the threat the media is doing its best to be the watchdog of 
democracy. But the fear of sedition, defamation, prosecutions etc.pushing the 
media towards self censorship. 

 

The degree of regimentation and undemocratic atmosphere prevailing in the state 
can be gauzed the way the film Parzania was not allowed to be screened and the 
Fanaa was pulled down from the theatres.

Now Prof. Ashish Nandy is facing police case registered against him. Prof. 
Ashish Nandy wrote an article "Blame the Middle Classes?" after the Gujarat 
elections. He gave his analysis of the election outcome. A criminal case has 
been filed for writing this article under IPC Section 153 (A) and (B), with the 
permission of Government of Gujarat. Shockingly the head of the Gujarat Branch 
of the National Council of Civil Liberties has filed the case.

Press freedom is also threatened by the violence of political parties as well 
as religious fundamentalist forces and various brigades backed by powerful 
persons in power. Attack on freedom of expression is also growing from 
non-State actors, and the intolerant fascist groups. 

 

The attack on the residence of Mr. Kumar Ketkar, editor of the popular Marathi 
newspaper Loksatta, is the latest in a series of growing incidents of 
intolerance and violence in India against members of the media, which this 
conference condemn severely

 Moreover Freedom of expression is gagged in the name of so-called development. 
More and more restrictions are imposed  to curb freedom of gathering, holding 
meetings and rallies.

 

This Conference would like to reiterate that the history of press in India is 
filled with stories of struggle and sacrifice. The Freedom of the Press was one 
of the constitutional guarantees demanded by freedom fighters during British 
colonial rule.  Most of the leaders of the freedom movement were journalists. 
They were for freedom of expression. After Independence the Founding Fathers  
attached great importance to Freedom of the Press during framing the 
Constitution of India

In a series of decisions from 1950 onwards the Supreme Court has ruled that 
Freedom of the Press is implicit in the guarantee of freedom of speech and 
expression in Article 19(1)(a) of the Constitution The Supreme Court of India 
has stated that ‘freedom of speech and expression of opinion is of paramount 
importance under a democratic Constitution. The court has also declared that 
newspapers constitute the Fourth Estate of the country, Freedom of the press is 
undoubtedly one of the basic freedoms in a democratic society based on the Rule 
of Law

But after 61 years of freedom, the freedom of press and the freedom of 
expression is a far cry. Officials harass journalists through lawsuits, using 
restrictive laws governing criminal defamation, contempt of court, and national 
security to silence the reporters. Accreditation cards to journalists are 
denied.



Apart from it, self censorship is not only practiced by the media and media 
persons but also by the citizens. A sense of insecurity and fear is lurking. 
The citizens are scared to speak fearlessly and apprehend that they have to pay 
a price for freedom of expression. Silence is preferred than to invite the 
wrath of the Govt. or the so called brigades. This very aspect is killing the 
spirit of democracy and creating a ground for fascism, the worst enemy of the 
civilization. This is the most appalling aspect that can be ever comprehended 
in the state. of Gujarat

 Under these circumstances, this Conference of Freedom of Expression pledge to 
uphold and fight for the freedom of expression to save the democracy from 
growing fascist onslaught.

So we demand-

1-Withdrawal of the charge of sedition and conspiracy immediately

2-Institute a high level judicial enquiry on the charges against Mr. O.P. Mathur

3-The column of Sedition be scrapped permanently from I.P.C..

4- The Home Minister of Gujarat should come out with the clarification on the 
charge of Sedition against Times of India

5- All the cases against media persons be withdrawn.

6- Release Dr. Binayak Sen

7-Scrap all draconian acts encroaching freedom of expression.

8- A congenial atmosphere of confidence building measure for freedom of 
expression be released.

9- Review all the cases of the detainees under TADA and PASA

Conference is  organised by- 

JP Centenary committee, PUCL, MSD,PRASHANT, Nirikshak, 
BhoomiPutra,Nayamarg,Jalseva

 

 

 
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