For the past two weeks, the fight between lawyers and
journos in Kerala High Court and District Court in Thiruvananthapuram is being
discussed and analysed widely in social media, newspapers, TV and in public forums. I
don’t have all the facts related to the incident but from what ever has
appeared, I think much of the opinions expressed have been one-sided, negative
and not useful to create an atmosphere of trust and goodwill between the
warring factions.
If this trend continues the situation would be like the India-Pakistan dispute which never ends because some people never want it to happen.
Even leading newspapers such as the Malayala Manorama reported that the fights erupted with media men because of the reporting of the arrest of a government pleader for allegedly trying to molest a woman on the street. Later discussions in TV have revealed that there has been simmering discontent among lawyers and journos that boiled over after the arrest of the government pleader. Media men have said that lawyers are not pleased when coverage of a case or about lawyers is not favorable to them. Politicians, policemen and businessmen all have grudges against media when they are not happy with a report concerning them but it can’t be helped.
Some recent incidents that may have disrupted the good relations between media-men and legal fraternity :
If this trend continues the situation would be like the India-Pakistan dispute which never ends because some people never want it to happen.
Even leading newspapers such as the Malayala Manorama reported that the fights erupted with media men because of the reporting of the arrest of a government pleader for allegedly trying to molest a woman on the street. Later discussions in TV have revealed that there has been simmering discontent among lawyers and journos that boiled over after the arrest of the government pleader. Media men have said that lawyers are not pleased when coverage of a case or about lawyers is not favorable to them. Politicians, policemen and businessmen all have grudges against media when they are not happy with a report concerning them but it can’t be helped.
Some recent incidents that may have disrupted the good relations between media-men and legal fraternity :
1) Media reporting of government pleader’s arrest and its
live coverage shown in TV. The Deccan Chronicle news about differences of opinion
in High Court Advocates Association over how to handle the government pleader’s
case which turned out to be false and subsequently apologies tended by the
paper.
2) Media reporting over the controversy of a legal advisor
position given by the government to a senior advocate Mr Damodaran.
3) Media men getting access to details of a case and publishing judgment before lawyers get to know it.
4) Abuse of three senior women journalists at the Media Room including Preethy of Mathrubhumi.
5) Senior Advocate Ramkumar stating in Mathrubhumi News Super Prime Time that it was three women journalists who started the issue leading to fight between media and lawyers in High Court.
Soon after the open fight between journos and lawyers in Kochi and Thiruvananthapuram, Facebook was filled with posts that used the most derogatory language with both sides abusing each other blissfully forgetting that they are part of Judiciary that represents the third estate and press that is the fourth estate. Several people were eager to share the videos and photos that appeared in the press and social media – having a sadistic joy in discussing and spreading it.
Among the various opinion and analyses that came up after the incidents—Adv Jayashankar, Sebastian Paul, Adv Sivan Madathil, Adv Kaleeswaram Raj, Adv CP Udayabhanu, and Babu Bhaskar, veteran commentator- columnist (Read his column in Edit Page of Malayala Manorama dated June 25, 2016) stood out but not to forget the lone female voice from the legal fraternity- Adv Sangeetha Lakshmana who took exception to the boycott call by High Court Advocates Association boldly stating that she would appear for her clients when the name is called.
3) Media men getting access to details of a case and publishing judgment before lawyers get to know it.
4) Abuse of three senior women journalists at the Media Room including Preethy of Mathrubhumi.
5) Senior Advocate Ramkumar stating in Mathrubhumi News Super Prime Time that it was three women journalists who started the issue leading to fight between media and lawyers in High Court.
Soon after the open fight between journos and lawyers in Kochi and Thiruvananthapuram, Facebook was filled with posts that used the most derogatory language with both sides abusing each other blissfully forgetting that they are part of Judiciary that represents the third estate and press that is the fourth estate. Several people were eager to share the videos and photos that appeared in the press and social media – having a sadistic joy in discussing and spreading it.
Among the various opinion and analyses that came up after the incidents—Adv Jayashankar, Sebastian Paul, Adv Sivan Madathil, Adv Kaleeswaram Raj, Adv CP Udayabhanu, and Babu Bhaskar, veteran commentator- columnist (Read his column in Edit Page of Malayala Manorama dated June 25, 2016) stood out but not to forget the lone female voice from the legal fraternity- Adv Sangeetha Lakshmana who took exception to the boycott call by High Court Advocates Association boldly stating that she would appear for her clients when the name is called.
The relevance of
Third and Fourth Estate
The Indian Constitution has provided the framework of judiciary to examine disputes related to laws passed in Parliament and legislatures, and to try civil, criminal, and governmental cases. Freedom of the press is derived from Article 19 (1) of the Indian Constituition which gives the freedom of speech to citizens of India. The executive consisting of council of ministers and officials runs the government administration and are accountable to legislature and Parliament.
All new laws and constitutional amendments are passed by Parliament which is then sent for approval of the President and in State assemblies to the Governor. Then we have the Police which is responsible for maintaining law and order again subject to rules and laws of the land. All the four estates have a meaningful role to play and what they do have an important bearing on the common man. Therefore, it goes without saying that our elected legislators (members of parliament, assemblies and local panchayats, municipalities), ministers and officials, judiciary (judges and lawyers, supporting officials) and media (tv,radio, online, newspapers and magazines) should maintain the highest professional ethics and decorum in their day- to- day activities and when disputes arise between the estates.
The Indian Constitution has provided the framework of judiciary to examine disputes related to laws passed in Parliament and legislatures, and to try civil, criminal, and governmental cases. Freedom of the press is derived from Article 19 (1) of the Indian Constituition which gives the freedom of speech to citizens of India. The executive consisting of council of ministers and officials runs the government administration and are accountable to legislature and Parliament.
All new laws and constitutional amendments are passed by Parliament which is then sent for approval of the President and in State assemblies to the Governor. Then we have the Police which is responsible for maintaining law and order again subject to rules and laws of the land. All the four estates have a meaningful role to play and what they do have an important bearing on the common man. Therefore, it goes without saying that our elected legislators (members of parliament, assemblies and local panchayats, municipalities), ministers and officials, judiciary (judges and lawyers, supporting officials) and media (tv,radio, online, newspapers and magazines) should maintain the highest professional ethics and decorum in their day- to- day activities and when disputes arise between the estates.
Relevance of Media
Relations Committee
The Supreme Court Chief Justice and Acting Chief Justice of Kerala High Court were quick in appealing to the warring factions to calm down and seek a solution through dialogue. Kerala Chief Minister also used his good offices to set up a Media Relations Committee in High Court having representation from legal and media fraternity although Babu Bhaskar pointed out that fewer members are there from the media. If you look at the Press Council- it’s mostly headed by people from the legal fraternity and not seasoned journalists.
The setting up of media relations committees is a welcome step and in future if all disputes between media, police and lawyers were first referred to it and settled there a war-like situation can be averted. Many media men doubted the utility of a committee as Police Media relations committee is dysfunctional for a long time. It’s true that journos work under daily deadline pressure and some of them also face constant threats from politicians, government officials, businessmen, police, legal fraternity for exposing some misdoing. At the same time, it is the responsibility of newspaper managements to ensure that journos doing court reporting are of of high caliber who are capable of understanding and analyse the court rulings and procedures. The alleged violation of laws in reporting the arrest of government pleader could have been avoided if norms were adhered to by the Police and media men.
There should be a high level discussion between Chief Editors of newspapers , TV channels, Online portals with judges and lawyers , police representatives on the ethics to be followed in Court reporting and the code of conduct to be followed by all the stakeholders in the four estates or pillars of democracy. Each pillar cannot do without the other and therefore why this unnecessary fighting. Let each member of these estates make use of the privilege to serve society rather than misuse it and cause trouble to common man which in turn lowers their esteem and public image.
Tailpiece:
Justice Abraham Mathew of Kerala High Court observed that the new laws (probably passed by legislatures and Parliament) in vogue create the impression of a blind men seeing an elephant. It is because of ignorance of existing laws related to the new law that is creating problems, he said. (So now we know the need for strengthening all our pillars of democracy) if the citizens are to gain anything from them!
The Supreme Court Chief Justice and Acting Chief Justice of Kerala High Court were quick in appealing to the warring factions to calm down and seek a solution through dialogue. Kerala Chief Minister also used his good offices to set up a Media Relations Committee in High Court having representation from legal and media fraternity although Babu Bhaskar pointed out that fewer members are there from the media. If you look at the Press Council- it’s mostly headed by people from the legal fraternity and not seasoned journalists.
The setting up of media relations committees is a welcome step and in future if all disputes between media, police and lawyers were first referred to it and settled there a war-like situation can be averted. Many media men doubted the utility of a committee as Police Media relations committee is dysfunctional for a long time. It’s true that journos work under daily deadline pressure and some of them also face constant threats from politicians, government officials, businessmen, police, legal fraternity for exposing some misdoing. At the same time, it is the responsibility of newspaper managements to ensure that journos doing court reporting are of of high caliber who are capable of understanding and analyse the court rulings and procedures. The alleged violation of laws in reporting the arrest of government pleader could have been avoided if norms were adhered to by the Police and media men.
There should be a high level discussion between Chief Editors of newspapers , TV channels, Online portals with judges and lawyers , police representatives on the ethics to be followed in Court reporting and the code of conduct to be followed by all the stakeholders in the four estates or pillars of democracy. Each pillar cannot do without the other and therefore why this unnecessary fighting. Let each member of these estates make use of the privilege to serve society rather than misuse it and cause trouble to common man which in turn lowers their esteem and public image.
Tailpiece:
Justice Abraham Mathew of Kerala High Court observed that the new laws (probably passed by legislatures and Parliament) in vogue create the impression of a blind men seeing an elephant. It is because of ignorance of existing laws related to the new law that is creating problems, he said. (So now we know the need for strengthening all our pillars of democracy) if the citizens are to gain anything from them!
