Delhi HC asks Arnab, Republic TV to respect Tharoor's silence

Agencies
December 1, 2017

New Delhi, Dec 1: The Delhi High Court today refused to restrain journalist Arnab Goswami and his Republic TV from airing news or debate on Shashi Tharoor's wife Sunanda Pushkar's death case but asked them to respect the Congress MP's "right to silence".

Justice Manmohan said the right to air the story cannot be taken away but a balance has to be maintained.

The high court also asked Goswami and Republic TV to send an advance notice to Tharoor for his views before airing any news in connection with his wife's death case.

"Every individual has a right to silence. He cannot be forced or compelled to speak on the issue," the judge said.

The court's order came on three different applications filed by Tharoor in his Rs two crore defamation suit against Goswami and the channel for allegedly making defamatory remarks against him while airing news relating to the mysterious death of his wife.

Pushkar was found dead in a suite of a five-star hotel in south Delhi on the night of January 17, 2014 under mysterious circumstances.

Tharoor has alleged that they continued to engage in "defaming and maligning" him despite an assurance given by their counsel in the court on May 29.

The court had on May 29 said the journalist and his news channel could put out stories stating the facts related to the investigation of Pushkar's death but could not call the Lok Sabha MP from Thiruvananthapuram "a criminal".

The Congress leader has sought a direction to them that they should not mention the expression "murder of Sunanda Pushkar" anywhere, since it is yet to established by a competent court whether her death was a "murder".

Comments

wow, you have proof, you should give it to CID and help...and what about moody? i am sure he didnt kill any one.oh the patel scope news on that ;)

Wellwisher
 - 
Friday, 1 Dec 2017

A black spot for Indian media and for journalist field. Indians must boycot his channel n  him.

Danish
 - 
Friday, 1 Dec 2017

RSS channel and RSS swami should learn manners and respect others

Unknown
 - 
Friday, 1 Dec 2017

Respect the silence but killer is killer

Sandesh
 - 
Friday, 1 Dec 2017

Injustice. Court favouring Mr. Tharoor. 

Hari
 - 
Friday, 1 Dec 2017

Arnab COW swami only knows to shout. He dont have common sense or knowledge

Indian
 - 
Friday, 1 Dec 2017

Republic TV and Arnab Goswami are not 'media' - they are simply propa sts. They do not report facts - they only air their views and exclude any fair discussions (like a private blog). Therefore, they should not enjoy the privileges of a 'media' organisation.

Manzoor
 - 
Friday, 1 Dec 2017

Then why Gujraat HC given gag order against THE WIRE for publishing  Jay Shah corruption case.

Sudheep
 - 
Friday, 1 Dec 2017

Arnab goswami is BJP's agent and he earned so much by air all news during surgical strike, up elections, note bandi and gst etc in favour of BJP. He is not neutral person or a professional journalist. He is an opportunist like nitish kumar or modi, only bol bachaan. He never allows anyone to speak,  only he will speak, does not have power to listen. There several famous journalists been murdered, can he prove or give any vital informations?

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News Network
May 3,2020

Bengaluru, May 3: Karnataka Chief Minister BS Yediyurappa requested his Maharashtra counterpart Uddhav Thackeray to release six TMC water from his state's reservoirs to rivers in Karnataka to meet acute drinking water shortage in North Karnataka.

Yediyurappa pointed out that the North Karnataka districts, namely Belagavi, Vijayapura, Bagalkot, Kalaburagi, Yadagiri and Raichur are facing acute shortage of drinking water due to onset of summer during early days of March this year.

"I request you to kindly direct the concerned authorities to release 3 TMC of water from Warna/Koyna reservoirs to Krishna river and 3 TMC of water from Ujjaini reservoir to Bhima river on humanitarian grounds for drinking purpose," Yediyurappa said in his letter.

He reminded Thackeray that even in the past the Maharashtra government had released water from its reservoirs to meet the drinking water needs of both human beings and livestock in drought-affected areas of Karnataka.

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News Network
April 7,2020

Bengaluru, April 7: Karnataka government on Monday allowed bakeries and related product food units in the state to open and function with minimum staff amid a coronavirus nation-wide lockdown.

A circular issued by Rajendar Kumar Kataria, Secretary to the government said, "The Central government has permitted the functioning of food units engaged in bakery and biscuit, condiments, confectionery and sweet for manufacturing, supply and operating retail outlets with minimum staff/labour."

The circular said these units shall strictly follow the guidelines issued by the Ministry of Health and Family Welfare and Department of Health and Family Welfare, Karnataka government with regard to the preventive measures to be ensured for combating COVID-19.

"It is stated that all employers shall ensure that these units maintain high standard of health, hygiene, sanitation and social distancing. The units shall not permit serving/dining in the premises and only parcel/takeaways are permitted," the circular added.

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Ram Puniyani
March 14,2020

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.

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