Journalists move HC challenging jail term awarded by Karnataka Assembly


Bengaluru, Jun 28 (PTI): Two editors of Kannada tabloids have approached the Karnataka High Court challenging the state Assembly resolution sentencing them to a one-year jail term for their alleged "defamatory" articles against legislators.

In their petitions filed before Justice Ashok B Hinchigeri, the two have sought quashing of the resolution adopted by the House, contending that it was "illegal and unconstitutional."

The June 21 last Assembly resolution sentencing Ravi Belagere of 'Hai Bangalore' and Anil Raju of 'Yelahanka Voice' has triggered protests from the media with the Editors' Guild of India terming it as a "gross misuse" of power which "violates" the fundamental right of freedom of speech.

The guild has also urged the Assembly to withdraw its resolution "without delay".

In an unusual and drastic step, the Assembly awarded the sentence, besides imposing a fine of Rs 10,000 each on the two journalists, based on the recommendations of Privileges Committee of the House.

In their petitions filed yesterday, the two journalists contended that the sentencing was illegal and unconstitutional as the Speaker KB Koliwad, cannot be an adjudicator for his own complaint.

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 SR Viswanath had raised the issue in the House and recommended action against the journalists.

The sentencing violated the norms of natural justice because the Speaker had not given sufficient hearing opportunity to them before levelling charges, the petitioners said.

"Proper notices also were not served to the Editors."

The petition also said, legislators do not have any power to award a jail term.

The court is likely to hear the petitions on Thursday.

  

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Comment on this article

  • melwyn, shirva

    Thu, Jun 29 2017

    where are those award wapsi group, where is the intellectuals? this is another type of emergency for which congress is famous. why there is no protest? in NDTV case same congress group shouted but why they are silent now? to hide the diary case & corruption, govt taken this step. now those DW readers busy with some other work & they will react only for bjp involved case.

    DisAgree Agree [3] Reply Report Abuse

  • Richard Moras, Bejai,Mangalore

    Thu, Jun 29 2017

    The dictatorial attitude of state government is highly condemnable.It is a direct attack on freedom of speech.

    DisAgree [1] Agree [9] Reply Report Abuse

  • mahesh, Mangalore

    Wed, Jun 28 2017

    where are the great media lovers who cried hoarse when ndtv promoters were raided by CBI?
    Congress made a lot of noise during that time.
    why is congress silent now?
    Both complaint and judge was the same. how can you be both?
    why wasnt a complaint filed in the court.
    How can the speaker take a unilateral decision.

    DisAgree Agree [18] Reply Report Abuse

  • Sethu, Mangalore

    Wed, Jun 28 2017

    "the law" can be a better option as within inverted commas it conveys the intent in full bloom....!

    DisAgree Agree [1] Reply Report Abuse

  • Rathan, Mangalore

    Wed, Jun 28 2017

    If this had happened in BJP ruled state there would have been 100 comments by this time
    Nobody is talking about freedom of expression, intolerance,blow on
    media,award vapsi ? Why they r hiding in rat holes ?
    All r hypocratic and double standard people

    DisAgree [1] Agree [12] Reply Report Abuse

  • Roshan, Mangaluru

    Wed, Jun 28 2017

    Real journalists do not cook stories. That job is done by story tellers. Journalists probe story and show the evidences written, oral and circumstantial, they then let the audience to form their own opinion, with the material available.

    Once TV Anchor started cooking stories, tweaking facts and evidences. People initially thought the facts and evidences he is showing must be real. They liked it. Today, it is realized that none of the facts or evidences are anywhere close to truth. The TV Anchor with his hero image, today runs his own channel. It is now people realize that it was job, done without any professional conviction or ethics. He is a rich man and the country became poorer.

    Therefore, it is necessary to stop this breed of journalists who tweak facts and evidences. There needs to be a way to bring some sanity back to the great profession.

    DisAgree [3] Agree [3] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, Jun 28 2017

    No one is above the law ...

    DisAgree [9] Agree [6] Reply Report Abuse

  • Thomas M., Mangaluru/Karwar

    Thu, Jun 29 2017

    No one is above the law. But the Legislator may not act as the Judiciary and the Judiciary may not act as the Legislator. Both are independent and have their own constitutional limits. Otherwise there would be dictatorship, one way or the other. The law will take its own course.

    DisAgree [1] Agree [6] Reply Report Abuse

  • Shibu, Dubai

    Thu, Jun 29 2017

    what about clean chit?

    DisAgree Agree [4] Reply Report Abuse

  • ABDUL RAFIQ, Uchila

    Wed, Jun 28 2017

    Journalists cannot defame anybody in the name of freedom of speech. Even if HC quashed the judgement of Karnataka assembly, victims can file the defamation case against this so called journalists. Actually they are blackmailers and not journalists.

    DisAgree [6] Agree [5] Reply Report Abuse


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