Bengaluru: Two journalists - who were sentenced to jail by the Karnataka Legislature for writing derogatory articles against three MLAs - have filed for relief in the Karnataka High Court, forcing the judges to look for a compromise.
The editors, who have pleaded that the conviction and order of arrest be quashed, have so far evaded arrest. Anil Raj of Yelahanka Voice has been on the run, while Ravi Belegare of Hi Bangalore has been hospitalised.
The High Court, which is averse to giving any orders that could infringe upon the powers of the Legislature, asked both the Legislature and the editors to see if a compromise settlement could be worked out.
The Assembly had on the last day of its session on June 21 passed a resolution that both editors who had written defamatory articles that made personal attacks against three MLAs should be jailed for a year, and that they should pay a penalty of Rs 10,000. Both were sentenced for ‘breach of privilege’ of the legislators.
Two days after the Legislature’s order was passed, the ruling Congress was worried whether this would be seen as a serious infringement on the freedom of the press. This is the first time that the Karnataka Assembly has ordered a jail term for journalists.
While it was seen as a crackdown on tabloids that targeted politicians by making personal attacks, it was also seen as an attack on the freedom of the press. The fact that Congress and BJP MLAs were complainants – and in one case, the Speaker K B Koliwad himself was a complainant – it was seen in many quarters as a case of judicial overreach.
Questions were raised on why the MLAs did not fight out a defamation case in a civil court rather than treat it as a breach of privilege issue.
The MLAs say they had given ample opportunity to the editors to defend themselves – summons were issued, procedures followed. And then the editors were found guilty.
Yelahanka MLA S R Vishwanath, one of the complainants, said that one editor apologised to the Privileges Committee when he was summoned, and then went back and wrote more personal articles daring the MLA to take action.
But lawyers for the editor argued in the High Court that the clampdown by the Legislature hits at the fundamental rights of the editors. Questions were also raised on whether procedure was strictly followed.
S Shankarappa, lawyer for the editors, told News18, “The complainant against Ravi Belegare was KB Koliwad in 2014. In 2015, he was chairman of the Privileges Committee and enquired into this breach of privilege. In 2017, he is the judge and convicts him? Where are the principles of natural justice followed?”
He further said the action against the journalists was not listed in the Assembly agenda, but was taken up abruptly on the last day.
Justice Ashok B Hinchigeri, who has been hearing the case the past three days, asked both sides to see if a settlement could be reached amicably by Saturday. He also expressed his displeasure with the police for having arrested a relative of one of the editors and not producing him before a judge immediately.
“It is not easy for the court to intervene here. Let us see if a settlement is possible, if it is possible to see some light at the end of the tunnel. If not, both parties can argue all aspects of this case tomorrow and I will pass judgement,” the judge told the warring parties.
Speaker K B Koliwad said there could be no review of the order immediately, as this was a resolution of the House, and the Assembly session had to be convened if it has to be reviewed.
Additional Advocate General A S Ponnanna told the court that the editors must surrender first - as there has to be some evidence of the Legislature’s order being carried out - before compromise talks could be held or the Assembly convened.
Shankarappa however told the court that the editors would want protection against arrest, especially since one of them is ill.
This weekend then, would see if there is a clash between the Legislature and the judiciary.
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