No one is above the law, but ?

Brij Nath Betab
Well Arnab Goswami, the fire brand Journalist is not above law. If he has committed any wrong, the law must take action. Justice must prevail. The concept of Justice however is subject to procedure of implementing the laws so as to satisfy the rights of common citizens and uphold the sovereignty of the freedom of expression. If the state has the mandate to act against those who break the laws and disobey the rule, the citizens are protected against arbitrary and unauthorised use of rule and laws that generally is called the misuse of power.
In every society each citizen has been protected against the onslaught of this misuse of power and has been guaranteed protection under laws enshrined in the constitutions and the rule books. What today has shocked and enraged entire nation is this very apparent misuse of state power unleashed against this self made journalist.
Those who saw the particular Television coverage live or those who watched the repeat telecast of about twelve minute carnage at the private residence of Arnab, are today more concerned about the method that was employed to ‘detain’ him.
It was more shocking to see the police treating his other family members with utmost disrespect to human dignity and sensible behaviour. Not allowing taking a glass of water is utter disrespect to human life. Not allowing wearing shoes was the demonstration of the misuse of power.
This particular journalist was not born in a political family, hence he is naturally deprived of any social privilege, but he is among the handful of Indian journalists who have the guts and the courage to take up issues that have a bearing on our social setup. His high pitch may not be to the liking of many of his viewers, but I believe, there are many who love him for his firebrand Style. His tagline “Nation wants to know”, as also allowed by the Court to use in speech, has only increased his fan following. This nation and his viewers from across the globe have time and again hailed him for his moral fibre and daring nerve to invite guests from across the border and then put questions to them that they sometimes feel are gauche.
Arnab, despite being from a modest background, has cast himself into such a dye where he represents the national sentiment and each true patriot loves him for that. Inviting a guest panellist from across the border and then putting him questions with regard to our national security that embraces them and exposes the neighbour’s falsehood and propaganda makes this journalist privileged than many others. He commands a certain respect in the country.
In a world of media, where allegations of paid new, fake news, sponsored news, politician pleasing news and copied news have widely been circulated, it is not easy to create a media house that ‘ Speaks for the nation’. Arnab Goswami has done this and this bestows some privilege upon him. We can differ with him and that is our right. He too has a right to have his opinion. What is important is to see if he serves the national interest. ?
Today’s episode should not be seen in isolation. We know what has been going on during the last few months and that is perhaps more shocking. For last several months we know how this gentleman has been shouting “Nation wants to know’ in a particular case where some have attributed a death to suicide and some believe that to be a case of murder.
The case is presently being probed by the country’s highest and prestigious investigating agency CBI and the truth shall certainly come out at the end of the investigation, but, there are stories making rounds in the country and in Mumbai particularly about this case and some other cases. It is perhaps here that this particular journalist stepped a little outside the Laxman Rekha. Well some would argue, but the billion dollar question is why Media is called the fourth pillar of democracy. Is this not the constitutional obligation of each pillar of the democracy to work as a watchdog for the system? Well there are set systems and norms to keep checks and maintain balances. There are courts and there is judiciary. Arnab has been bowing down before the judicial supremacy. He is not a coward; he is not going to bow down before the police, but he has been respecting the law of the land.
A police is not a law but a law enforcing agency. It is here that the nation is shocked to watch today’s episode. Let us not go to the merits and demerits of the particular case, in which he is supposed to have been ‘detained’ by the police. Though the channel claims that this 2018 year particular case was closed, yet the state has the power. The state can reopen the case and investigate. But barging into some one’s house and ‘pulling him by the hair and misbehaving with the family’ as alleged by the anchor and also visible on the screen, is sheer highhandedness.
A T V anchor or a proprietor of a channel has not faced the wrath of the political power for the first time. We have seen this happening. Unfortunately that has been happening. We agree that the law must take its course, but, that course shall not be directed by personal vendetta. The channel alleges that it is this vendetta that seems to be working behind the scene. We can believe this as we have seen this journalist obeying Mumbai police summons in the immediate past. We have seen him facing police interrogation for several hours in one go. Not only Arnab, but his other journalist colleagues and even non journalist staff. None of them ever refused to entertain a police summon. Why then did the Raigarh police harass his family today? Why were armed men deployed in numbers around his residence? Where was the need to enter the house kicking the door? There certainly is working something behind the scene. And it is this invisible face that is devastatingly dangerous for the country, for the freedom of the press.
Today’s police action may not dent Arnab’s steel frame of mind, it may not break his resolve but it is certainly going to discourage journalists from doing investigative journalism.
The case that has been reopened relates to the ‘suicide’ of a person whose family alleges that “Non payment of dues by this particular company of Arnab” prompted the suicide. The statement attributed to Maharashtra Home Minister that the daughter of that person approached the courts / the government and after that the case was reopened is well taken. We support fair investigation. That is not the issue. If anyone is proved guilty after the due process of the law, the law enforcement must be executed. What is an issue here is the politics involved. This channel is believed to have political leanings. What makes this an issue is the manner in which the police has acted and has been acting. There seems to be some intimidation at work. It is for the government of Maharashtra to come clean and as far as government of India, the central government is concerned, only issuing verbal statements is not going to safeguard democracy and the freedom of press. The state can do away with one journalist; it cannot do away with the press/ Media.
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