In a major relief to the two editors who were sentenced by the Karnataka Assembly Speaker for one year jail term, the High Court on Thursday on a petition by the two journalists has advised the Assembly speaker to settle the matter amicably.
Justice Ashok Hinchigere of the Karnataka High Court has advised the State Assembly to amicably resolve the issue of sentencing of two editors of Kannada tabloids to a year in jail for allegedly writing defamatory articles against legislators.
However, he had no adjudicating powers to give a ruling on a resolution passed by the Assembly but he was therefore advising the Speaker to find an amicable solution to the matter.
“...Is it possible for the Speaker that he can keep in abeyance the resolution of sentencing of two editors for one year jail termIJ If it is, it should be done in the interest of the system,” the judge said.
In one of the rarest and an unusual and drastic step, the Assembly awarded the sentence, besides imposing a fine of Rs10,000 each on the two journalists, based on the recommendations of Privileges Committee of the House.
The petitioners — Ravi Belagere and Anil Raju of Kannada tabloids ‘Hai Bangalore’ and ‘Yelahanka Voice’, respectively, had moved the High Court seeking a stay on their arrests and withdrawal of the resolution without delay. Taking a dig at the editors, Justice Hinchigere said the journalists have the freedom of expression, but not at the cost of hurting and humiliating anyone, in this case the legislators.
He termed as an instance amounting to “disgraceful disobedience” non-compliance of summons orders by Belagere. “As many as 11 summons were issued to him and yet he did not turn up to depose before the privileges committee. This amounts to ‘disgraceful disobedience’,” he observed.
The privileges committee, which had recommended action against the editors, had summoned Belagere on 11 occasions, but he did not comply, Ponanna, the prosecution, submitted. However, Raju deposed before the committee and apologised, but resumed writing against MlA SR Vishwanath, he said.
The judge said the editors should face the law and cannot abscond and should restrain themselves from “hitting below the belt” by publishing baseless articles. He also directed Government to give a copy of the resolution to the petitioners in two weeks’ time.
The June 21 Assembly resolution had triggered protests from media with the editors’ Guild of India terming it as a “gross misuse” of power which “violates” the fundamental right of freedom of speech and expression. The guild had also urged the Assembly to withdraw its resolution “without delay.”
Ravi Belagere had published an article against Koliwad in September 2014 issue of ‘Hai Bangalore.’ Former Speaker Kagodu Thimmappa had referred the issue to the Privileges Committee after Koliwad, then an MlA, had lodged a complaint against Belagere.
Congress and BJP MlAs, BM Nagaraju and S R Viswanath had raised the issue in the House and recommended action against the journalists.
In another development speaking to the media in New Delhi, after meeting All India congress committee (AICC) president Sonia Gandhi, Siddaramaiah said the state government is aware of the condition of Belagere and that he has been admitted to the Kempegowda Institute of Medical Sciences (KIMS).
“Since Belagere is suffering from ailments and is receiving treatment in hospital, I have instructed the home department to not arrest him for now,” he said.
According to Congress sources there is a pressure building on Siddaramaiah on this issue to resolve amicably without antagonising the media ahead of 2018 elections. In Bengaluru, the state home department on Wednesday submitted an action taken report (ATR) on the house resolution to jail and fine two Kannada tabloid journalists, Ravi Belagere (Hi Bangalore) and Anil Raj (Yelahanka voice).
