I fervently hope that you will find time to read this. We are increasingly worried about the impression that the Supreme court is giving to us about total lack of awareness about the various subversive forces that are operating in the country and their modus operandi. We are equally perturbed by My lord’s casualness towards National security. Your justification to repeal Govt ban on some media channels indulging in nefarious propaganda is quite disturbing.
In matters of security the underlying phrase is “Preemptive actions”. In matters of national security one does not wait for authentication of threat factor to be beyond doubt. Prompt and swift response is the essence of threat prevention. There is every possibility of a disaster striking during the time lag that is spent on collating and assimilating further information for conclusive evidence of a security threat.
Your penchant to belittle Govts sealed envelope modus operandi on grave matters of National security, divulges your total lack of understanding of how subversive forces are operating in various countries.
Perhaps the Judiciary is taking it too seriously the recommended practice of insulating itself from the influence of outside world opinion by refraining from reading about and keeping itself abreast on world affairs. Otherwise Judiciary cannot be having such a distorted sense of prioritizing in balancing Free speech vs. National security. National security would always take precedence over free speech, and a society’s common good would over ride individual rights for free speech. If the Nation is subjugated by forces of evil and society is destroyed by inimical elements then of what value is a free speech of an individual.
The most irritating rhetoric of judiciary is the clichéd phrase regarding Free Press. The often heard sermons on importance of free speech in democracy are becoming wearisome. Every institution has under gone sea change with the changing times. The Educational institutions, Health Institutions, Electoral system and administration, Law and order administering institutions, Commercial institutions, Govt models, Monarchial traditions and institutions, Media institutions, all of them have evolved over times and adopted to changing times.
However the Judiciary in Indian context (I cannot vouch for other countries) has got permanently glued to centuries old traditions and dogmas, hardly there has been any significant progressive development nor there has been any signs of willingness to understand the key factors and fundamental changes and threats that have come to grip the well being of the modern society.
When our My lords travel by airlines do they ever grumble about the enormous hardship they have to endure in going through various security drills. Do they not comply with the airport and airlines regulations grudgingly or otherwise. It is not as if these security measures and regulation were there from centuries before. Many of them were introduced during the last few decades arising out of the twisted wisdom of people seeking justice and redressal of their grievances through threat of violence on the innocents. Why then our lords make mockery of Govts security concerns, however exaggerated it may be.
When it comes to media is the world of My lords not aware as to who sets the agenda of the media. Whose freedom of press the Judiciary is so much worried about. Media is part of big multi National corporations, housed in multi storied posh buildings in high end areas of Metro cities. None of them have an opinion or contention that emanates directly from the concerns for citizens. Media’s opinion is influenced by their fund sponsors.
Even the editorial team of the media is not free enough to express its independent views. The owner or the fund sponsor spells out the agenda. The media world is full of stories of frustrated scribes resigning in disgust for the pressure on them to cover up the truth or distort the truth. Same issues and similar grievances would still find the press have different reactions- from a mere mention to ferocious coverage to utter indifference- depending upon its own self interests. But there you are My lord worried about the role of free press and their plight. How far removed you are from the reality.
A normal expression under the freedom of expression, becomes blasphemy or an hate expression by the devilment of media with ulterior motive. The Media under the guise of free press can instigate a community and can precipitate a violent back lash resulting in many innocent people’s lives. The Govt would be saddled not only with controlling the escalating law and order problem but also preventing damage to public property.
A hate speech by an individual is severely condemned by the judiciary but when same hate content is surreptitiously pushed through by the media, why then under the free speech label the media is able to hide its dubious motive and allowed to get away. I am sure My lords in the SC would be fully aware of the “Sar tan se Juda” hate cry by some sections due to instigations by the media, exploiting free speech. Exactly the reason why Govt thought it fit to ban some media channels based on sufficient intelligence inputs from its agencies.
Has it ever occurred to our My lords in the Judiciary, that why in countries like China, North Korea and other dictatorial regimes there is least number of subversive attempts against the regime or the society? The reason is very obvious, there is no stealth cover of free speech, human rights etc of a Democracy readily available. A 9/11 in USA or 26/7 in Mumbai would never ever be feasible in China or North Korea. Democracy by virtue of its noble doctrines becomes the target of vicious forces that takes undue advantage of its altruism.
It is not the fault of Democracy that it becomes vulnerable to subversive and seditious forces. The real culprit are those institutions which has left Democracy defenseless in the name of upholding its prevalence. The Judicial institutions have come to regard even some legitimate safeguards and some fencing of protection around Democracy as preposterous to the principles of Democracy.
A man from Kerala was apprehended for hate crime. He doused passengers in a train coach with inflammable liquid and set them on fire. As per the first reports, he has admitted that he was tasked with this hate deed by some hostile group. Can we encourage a limitless free speech and freedom of expression that allow Religious institutions to poison the impressionable minds? Can media in the name of attacking the Govt polices through free press bogie succeed in instigating people taking to the streets with “Sar tan se juda” war cry.
Not long ago while addressing a public gathering, the chief justice of India expressed his dismay and lamented at the attempt by some section of media to intimidate the judiciary just because some judgments were not found favorable to some groups. In this context can a Govt not be allowed to legitimately feel exasperated on attempts by some sections of the media exploiting the free press bogie to attack it unduly and also sow seeds of mistrust and sedition on some gullible section of the society?
More than the need to feel good about themselves in their judgments it would be prudent for the judges to keep the well being of the future generations of a Democracy in their judgments. Govt policies can be upturned, Govts can undergo change but unfortunately the Judgments of Supreme courts assume permanent legacy despite its inherent flaws and not only that it also sets precedence for future judgments.
My lord we plead to your good sense. Please come out of your fancy world to the real world. Please do not end up abetting the hijacking of a Democratic Nation in the name of nurturing and fostering absolute “Free speech” and other tenets of Democracy without provisioning for some reasonable restrictions.
