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| BAJ challenges ban on Media | | HC stays operation of District Magistrate’s orders; treat IC as curfew passes | | Early Times Reporter
Jammu | Aug 4
First the time in the history of J&K, the High Court has come to the rescue of print and electronic media and the people in general facing hardship during the curfew imposed by the District Administration.
In a petition filed by Bar Association Jammu challenging imposition of restrictions and prohibiting the transmission of JK Channel and Take1 Channel, a Division Bench, specially constituted for hearing the petition comprising Justice JP Singh and Justice Sunil Hali which held the Court at the residence of Justice JP Singh, passed historical orders and stayed the operation of order passed by District Magistrate Jammu on August 2, 2008 and permitted transmission of both the channels and also directed the administration that they shall also lift the ban imposed on short message service (SMS) till next date of hearing. DB also directed District Administration that they shall ensure that the curfew passes issued by District Administration to the media persons and others are honored by law enforcing/ curfew enforcing agencies including Army.
The Division Bench also directed the local administration that they shall ensure that those needing immediate medical help are permitted to reach hospital/ dispensaries to have medical facilities. The Division Bench directed District Administration to treat Press Identity Cards issued to media persons as Curfew Passes so as to enable them to perform their professional duties.
These historical orders were passed by the Division Bench after hearing Adv Abhinav Sharma and Adv CM Sharma ( Vice-President BAJ) and President BAJ, one of the petitioner appeared in person, demonstrated the violation of fundamental rights including right to freedom of speech and expression and to life and liberty in terms of Articles19 & 21of Constitution of India and requested for treating this petition as Public Interest Litigation so as to protect the fundamental rights of the citizens and also of media. Advocates further submitted that the State Administration has indulged in acts of suppression of the voice of the press and intellectuals. During the arguments Advocates appearing for the PIL submitted that this District Administration is not honouring its own curfew passes to the press and individuals which includes employees associated with maintenance of essential services. Advocates further submitted that those needing medical care and assistance are being unnecessarily stopped to reach the hospitals/ dispensaries to avail medical facilities.
In view of the submissions made by the advocates Abhinav Sharma and Chander Mohan Sharma (Vice-President BAJ), the DB treated the petition as a PIL and issued notice for Rule Nisi to the respondents State of J&K through Commissioner/Secretary Home, District Magistrate Jammu, DIG Jammu and Divisional Commissioner Jammu for August 8, 2008 and after considering the submissions made by the counsels for the PIL for grant of interim directions and issued various historical directions to the respondents.
The PIL was filed by Bar Association Jammu through its President B S Salathia and General Secretary Pawan Maini Advocates seeking quashment of orders passed by the District Magistrate Jammu on August 2, 2008 and seeking direction to the respondents not to interfere in the transmission of JK Media Network including its JK Channel and Take1 Channel and also seeking direction to District Magistrate Jammu and DIG Jammu to release the equipments used for operation of Cable Television Networks by the JK Channel and Take1 Channel and also seeking direction to the respondents to withdraw the orders issued to the BSNL authorities to discontinue the Short Message Service (SMS) immediately.
According to the Secretary General BAJ Adv Pawan Manni this petition was presented on Sunday August 3, 2008 evening before the Registrar Judicial of J&K High Court Jammu Wing at his residence and on the basis of the this petition Chief Justice of J&K High Court constituted a Special Bench for hearing the petition which was treated as PIL.
In the petition complied by the Advocates Rajesh Kotwal, CM Sharma, Minu Koul, SK Shukla, DS Chouhan and Abhinav Sharma it has been submitted that the order impugned has been issued by District Magistrate Jammu under the purported exercise of powers vested in him u/s 19 r/w section 11 of the Cable Television (regulation) Network Act 1995, thereby violating the provision of section 5 of said Act. The petition said that there was no occasion for the District Magistrate Jammu to invoke section 19 r/w sections 11 of the Act of 1995 and prohibit the transmission of both the local channels in Jammu district as also to seize the equipments used for operation of the cable television network. In the petition it was further submitted that the orders impugned are not sustainable as the same have been passed in violation of principles of natural justice, as no show cause notice or an opportunity of being heard was ever provided to the JK Channel and Take1 Channel before taking such panel action as envisaged by the Principles of Natural Justice. The JK Channel and Take1 Channel have been covering the ongoing agitation in Jammu for the last more than 2 weeks truthfully and with the full sense of responsibility and there had not been any occasion which would warrant such panel action. The order impugned are thus actuated by ulterior consideration rather than implementing the provisions of the Act of 1995. The orders impugned are aimed to curb freedom of speech and expression which are fundamental rights of the petitioners and every citizens of J&K guaranteed under article 19 of the constitution of India as such the order impugned are thus harsh and arbitrary beside being violative of the Act 1995 and rules framed there under and order impugned deserves to be quashed and prayed for quashment of the orders passed by District Magistrate and also release the equipments. |
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