Indian Express, February 07, 2005
Editorial

OPEN SECRETS
THE OFFICIAL SECRETS ACT AS IT STANDS IS AN INSTRUMENT TO GAG AND TO INTIMIDATE

In March 2003, 50 MPs, from parties cutting
across the political spectrum, addressed an
urgent letter to the then Deputy PM L.K. Advani.
The immediate provocation was the case against
Iftikar Geelani under the Official Secrets Act
that had just turned out to be no case at all.
The signatories to the letter were concerned at
the ordeal of Geelani, chief of bureau of Kashmir
Times, incarcerated for seven months, all bail
pleas turned down, on charges of possessing
documents very much in the public domain. But
their concern encompassed all those other cases
as well, in which citizens, less famous than
Geelani had become, are deprived of their rights
and their freedoms by the state through an
''outdated'' and ''draconian'' piece of
legislation enacted in 1923. That concern has
lost none of its urgency two years later. As the
Right to Information Act is honed and extended in
public debate, the OSA seems even more a bizarre
relic. It looks worse than that.

The cases filed against this paper and two
Gujarati papers by the Gujarat police are proof,
if more was needed, that the OSA remains the pet
instrument of the paranoid state. A state that
seeks to gag and intimidate the press because it
has dirty secrets to hide. Why should the
conversation between a ganglord and a former
Porbandar SP - the Express ran a report alongwith
transcripts of the exchange - be treated as an
official secret? Who decides that it is one? On
what criteria? For many years now, these
questions have been gathering around cases that
have ranged from the grotesque to the absurd. As
this paper reported, the number of OSA cases in
which the evidence just refuses to stand up in
court is swelling. We need to urgently debate
whether in a climate in which we cannot depend
upon the wisdom of the state to use the Act
sparingly, or only in matters that relate to
highly sensitive information, as defined by some
rigorous criteria, do we need an OSA at all?

The argument has been made that what the OSA
needs is a major amendment, especially of the
loose and sweeping Section 5. Well, let it be
amended soon. Else, the OSA will continue to be
used by governments, such as the one in Gujarat,
to suppress information, and worse, to do damage
to the spirit of a free press.


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