Wednesday 27 February 2013

Even the Chairman has the Freedom of Speech


“Bol ki lab azaad hain terey
Bol zubaan ab tak teri hai”
(Speak out for your lips are free
Speak out for your tongue is still yours”)
 -Faiz Ahmed Faiz
I have been criticised by some politicians, lawyers and others for being outspoken on some issues unrelated to the press while being the Chairman of The Press Council of India (PCI). As a result, it is time now for my response.
The main attack on me is that since the PCI discharges quasi-judicial functions, its Chairman should not speak on non-media issues.
First of all, let me say that if a matter comes up before the PCI when it is exercising quasi-judicial functions involving an issue or a person about which or whom I have expressed my view, I will immediately recuse myself from the deliberations and decision on it. In quasi-judicial matters I do not make decisions on my own. Rather, it is the PCI which, by majority vote, makes decisions. There are 28 members of the PCI apart from the Chairman. If I recuse myself then the other members will deal with the matter as they deem fit. What then is all the hullabaloo about?
It is then said that a judge should not comment on public issues except when a case comes before him. I reply by saying that I am not a judge but a retired judge. It may be pointed out that the post and functions of the Chairman of the PCI are very different from that of a judge.
First, while a judge has only judicial functions (except the power given to High Courts under Article 235 of the Constitution of administrative control over the subordinate judiciary), the Press Council not only performs quasi-judicial functions under Section 14 of the PCI Act of adjudicating complaints by or against the press, but also preserves the freedom of the press and maintains high standards of journalism, vide Section 13. Second, the High Court and Supreme Court have powers which the PCI does not have. Example, the power to issue writs; punish for contempt of court; quash orders of administrative authorities; issue directions in a PIL, etc. There are several other differences between judges and the Chairman of the PCI. How then can the two posts be treated as equal?
I have repeatedly said that I am not only Chairman of the PCI but also a citizen of India. The PCI Act contains no provision prohibiting me from speaking on non-media issues (though, as I have already said, if a matter comes in quasi judicial proceedings of the PCI on which I have expressed my view I will recuse myself from the deliberations and decision). Hence, I will continue speaking on such issues, particularly when it is, in my opinion, a matter of grave importance for the nation, no matter what some people might say. I have a fundamental right under Article 19(1)(a) of the Constitution (which gives the freedom of speech to all citizens) to speak on such matters even while remaining the Chairman of the PCI.
A charge is made against me that I am a government servant and a government appointee and am therefore doing the bidding of the government. To this my reply is as follows: first, the Chairman of the PCI is not appointed by the government but selected under s.5(2) of the PCI Act by a selection committee comprising: 1. the Chairman of the Rajya Sabha (the Vice-President of India) 2. The Speaker of the Lok Sabha, and 3. a representative of the PCI (who is not appointed by the government but chosen democratically by the members of the PCI). It was this body which unanimously selected me. 
Second, I am not a government servant but an independent statutory authority. It is true that s.7(1) describes me as an “officer,” but the word “officer” does not necessarily mean a government servant. One word can have several meanings, and it depends on the context in which the word has been used. The word “officer” in s.7(1) means a person holding an office. That the Chairman of the PCI is not a government employee is borne out by several features: 1. An employee is usually under the supervision and control of a superior, but the Chairman of the PCI has no superior 2. Employees have ACRs (annual confidential reports) but there is no ACR of the Chairman 3. An employee can be suspended and (if he is on a transferable job) transferred, but the Chairman can neither be suspended nor transferred 4. The Government Servants’ Conduct Rules do not apply to the Chairman of the PCI.
No doubt the salary of the Chairman is paid by the government (the appointment letter states that the Chairman will get the same salary, benefits and amenities as a sitting Supreme Court Judge), but then salaries of High Court and Supreme Court judges are also paid by the government. Does that make such judges government employees?
To those who said that I have only criticised non-Congress governments I have already given my answer in various TV discussions that I have frequently criticised Congress governments too, examples being of Maharashtra, Himachal Pradesh and Delhi. I accuse such persons of twisting facts.
I would not have even bothered to give this explanation but for the misleading comments made by some persons which could have misguided the public.

(Published in The Hindu on February 27, 2013 )

26 comments:

  1. Jai ho, Justice Katju zindabad. Our voice eches in your opinions. You don't rescue yourself infact you are rescuer of us.

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    1. Rightly said sir......He is indeed a True Indian Citizen..

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  2. The ones who talk for freedom of speech when it come to airing views on opinions opposed to theirs , are the first one who cry wolf when free speech hits them in their soft bellies.So Sir, you better ignore these charlatans.

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  3. 'Freedom of Speach' - most feared by the wily.

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  4. In India, Everyone has to assure himself that he has freedom of Speech. Chairman PCI, CAG, Facebook users, peaceful protesters and all.
    Freedom of speech is being considered a right of Anti social elements,Political yes - men and powerful by any mean.

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  5. Justice Katzu.. with due respect. You've lent your 'reputation' to immortalize the charges against the accused.. with out giving him the benefit of fair trail..?

    Do you not have confidence on Indian Judicial system of which you were part..??

    Is this what justice mean..?? That you can sentence someone even without verufying facts/truth..??

    This only shows that you were not able to stand.. the praise Gujarat CM is getting all over India.

    Sir, with due respect.. I submit.. that like you every citizen in India is also following news from decades and have their own interpretation of facts.. If only you really believe that majority Indians are NOT Idiots.. You'll appreciate the others view point..!

    Best regards

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  6. Dear Justice Katju,
    I mostly agree with the standpoints expressed by you in the media or on your blogs. Unfortunately, the words which should be mulled and chewed by readers get bogged down in needless controversy. The gravitas of the issue is thus lost. This is mainly due to use of intemperate language. I expect outpourings from senior members of the judiciary to be more circumspect. What is the point of making ones efforts counterproductive? Generating more heat but no light!
    Regards,
    Saksena

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  7. I totally agree with you sir and i respect your articles. You have written the blog as an INDIAN not as Chairman of PCI. But these politicians consider themselves to be MONARCH in this country, that is why they read the first line of preamble as "WHO" THE PEOPLE OF INDIA NOT WE THE PEOPLE OF INDIA.

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  8. Justice Katju ur above hydraulic pressures.. Just like Justice V.R. Krishna Iyer.. salute

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  10. You are entitled to your opinion and your right to voice it as a citizen of India. But as a man in a position of power, you have a duty and responsibility towards your fellow citizens. While it may be OK to nit-pick convenient facts to paint your version of the story over your evening tea, it is absolutely unacceptable for you to do so on a public forum. You are the first chairman of the PCI to be "available" for interaction with common man. You must use this power to shed light in a way that is constructive, provide practical, legal and viable options that can be solutions to the issues you raise as evils in India. Instead you repeatedly only list the problems and your prophecy that "people need to change". You have allowed your power to go to your head and just chastise people/agencies as per your (or congress'?) will. Very disappointing!

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  11. I was have some doubts about this "quasi-judicial function" and what some BJP leaders have been says about your remit. I was troubled cause I want people and leaders to be open and free to speak their minds but also be responsible for the office/title they hold. After reading, you have given me the clarification/explanation I needed and hope you don't pull back from sharing your thoughts with us in the future.

    Thank you sir.

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  12. Respected sir,

    you are very brave indian citizen.
    You are only voice of millions of indian.
    We need you, and your sincere work on us(public).
    Thank you sir

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    1. The real true came on light in recent time,
      that how politician's want to restrict freedom of speech & true indian's (who want's india really secular and democratic nation, & who are really working for people) view... Just clearly knows how politician's are ill minded & corrupt...they never want to develope nation,shame...

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  13. Just bugger off, you useless and worthless 'man'!

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  14. And by the way, this thing should understand that not all of us are the running dogs of the treacherous Congress. Many of us have pride and self-respect to stand up to those who want to undermine India. We are not misguided. We can see through your agenda and what drives it. A Modi as PM petrifies the odious Delhi crowd. PM Modi will mercilessly cleanse and fumigate the Augean Stables and make the parasites who have had it all good for the last 65 years or so, redundant! Villyfy and stop Modi is what the whole shabby game is about

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  15. Just bugger off, you useless and worthless 'man'!

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    1. Your mentor Modi's foul language!!

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    2. Well said Bob M. Now mummy is calling to feed your milk! Go to mummy, be a good boy!

      Cherian Thomas

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  16. The issue is not with your freedom of speech but with your loyalty to truth and commitment to your duty. So far under you the media largely remained a mouthpiece of congress. And you have not done your basic duty. As for truth, you have always made it subservient to political motives - after all you can talk of Modi but not why media is not able to make the nation aware of what is happening in Bengal and Assam and the amount of struggle Hindus are putting up. Why, Katju? Honesty. You lack it.

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  17. if only we had an army of intellectuals and secular people like justice katju ,we would be free from all forms of intolerance and hatred between diferrent sections of the society which has been fulled by vested intersets.

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  18. Respected Sir
    completely agree with your reason and rational. If the chairman of PCI is not free to express this thoughts then how can we expect from this system to assure liberty of free expression of its normal citizen.
    Adv. Dinesh Sharma

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  19. GTFO ! You ain't worth 2 bits of respect, you bipartisan freak!

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  21. Magic and the truth of in his Words,,,He always feel the pain of Citizen, he always putting himself as a Citizen of India first.....He has rightly slapped on the face of there Critics....Jai Ho,, Kataju Sahab

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