In recent days, the bedrock of Indian democracy has come under a grave threat, as the actions of the ruling government have raised serious concerns about the state of press freedom and democratic norms in the country. The Delhi Police’s raids on the offices of the NewsClick news portal and the subsequent arrest of its founder editor, Prabir Purkayastha, and HR head, Amit Chakraborty, on October 3rd, mark a disturbing turning point in India’s democratic journey. The NewsClick case serves as a stark illustration of how central government agencies can transform a pending money laundering case under the Prevention of Money Laundering Act (PMLA) into one involving conspiracy and terrorism under the draconian Unlawful Activities (Prevention) Act (UAPA). This abrupt conversion sets a dangerous precedent and strikes at the very core of our judicial system. To provide context, the Enforcement Directorate (ED) had levied money laundering allegations against NewsClick and its founder editor, Prabir Purkayastha, back in 2021. The case has been under the scrutiny of the Delhi High Court since then. Up to this point, the hearings have failed to establish any violations of foreign funds laws by NewsClick.
While the ED has every right to pursue action under the PMLA if they can prove violations in court, they seemingly chose not to wait for the verdict, realizing that the transactions were in compliance with existing laws. Thus, the task of chastising NewsClick shifted from the Finance Ministry, which officially oversees the ED, to the Home Ministry. The events of October 3rd—raids by the Delhi Police, the forced closure of NewsClick’s office, and the arrest of its editor—are the culmination of a series of attacks on media independence during the nine and a half years of Narendra Modi’s rule. As the Lok Sabha elections draw near, the stifling of independent media voices is expected to intensify. This juncture represents a crucial moment for independent media in India. The framers of the Indian Constitution identified four pillars of democracy: the legislature, executive, judiciary, and media. The media, as the fourth pillar, is expected to complement the others, fostering a vibrant democracy. It is now incumbent upon the media to turn to the judiciary to assess whether the executive is working to strengthen or undermine democracy.
The ruling dispensation appears to be apprehensive about allowing the press to speak truth to power, evident in their efforts to quash journalistic independence. They seek an embedded media, contrary to the principles espoused by CJI Chandrachud. The journalists targeted on October 3rd and 4th were simply following the same principles that the CJI has championed. Therefore, the entire Indian media, dedicated to upholding the press as the fourth pillar of democracy, looks to the Chief Justice for intervention. The apex court should consider taking suo moto action based on the letter from the journalists’ bodies and fulfill its role as the chief custodian of the Indian Constitution. The Supreme Court, under the leadership of CJI Chandrachud, has an opportunity to play a historic role in reversing the current erosion of press freedom and restoring the vision of the Constitution’s framers regarding the essential role of the press in a thriving democracy. The world is watching, and the fate of Indian democracy hangs in the balance.
Related Posts:
