ORDER:
In a way and in a sense, this writ petition
demonstrates the extent to which the institutions of ancient origin as well as
the concept of public interest litigation have become vulnerable. It also
indicates the abyssal levels, to which the norms of journalism have drifted.
2. The petitioner claims to be a registered organization,
with an object of espousing the causes of labourers. It filed the writ
petition seeking a direction to the respondents ,viz. the authorities of
Labour and Police Departments, to take immediate action in respect of criminal
cases filed against Suryalaxmi Cotton Spinning Mill, Mahaboobnagar, and
violation of labour laws therein after calling for records. The basis or
inspiration for filing this writ petition is said to be the items of news,
published in various newspapers, during the months of November and December,
2004.
3. Two workers of the mill, referred to above, are said to
have died in the year 1998. Investigation into the same is alleged to have
been entrusted to the CBCID. In paragraph-6 of the affidavit, which
constitutes an important portion of the pleading, it was stated as under:
“ It is further submitted that it is reported that two
teenaged women workers of 16 years and 18 years by name Tirupathamma and
Nirmalamma were raped and murdered in the year March,1998. The investigation
was entrusted to the CBCID Department, but no action is taken against the
culprits. It is reported in the press that the relatives of the management
were involved in that case and also at the same time the Jayendra Saraswathi
who was the Peethadhipathi of Kanchi Kamakoti came to the Surya Laxmi Cotton
Spinning Mill and performed Poojas and Yagnas. The rumours came out as two
teenage women workers in the mill were killed In the name of “Bali”
(Andhra Jyothi Daily on 5.12.2004)”.
Reference is also made to the items of news published in other newspapers.
Clippings of the press reports referred to above are filed as material papers
to the writ petition.
4. The writ Petition came up for admission on 15.12.2004.
During the course of hearing, it was enquired from the learned counsel for the
petitioner as to what was the basis and relevance for making reference to Sri.
Jayendra Saraswathi In this writ petition, and it was adjourned to 21.12.2004,
to enable the deponent to appear. The deponent filed W.P.M.P(SR) NO.127642 of
2004, seeking permission of the Court to delete the portion of the affidavit,
extracted above. He also tendered unconditional apology for mentioning the
name of Swamiji. On the next date of hearing, the attention of the learned
counsel for the petitioner was drawn to Annexure-I to the writ petition, which
reads as under:
1.
The
petitioners organization is registered one with Regd.No.4483 and our
organization is affiliated to Mahaboobnagar District Palamoori contract lobour
union.
2.
The
Jayendra Saraswathi who was the Peethadhipathi of Kanchi Kamakoti came
to the Surya Laxmi Cotton Spinning Mill and performed Pujas and Yagnas.
3.
The
Police didn’t register the crime and no post mortem of the dead body was
conducted. The same is reported in the press [(1) Andhra Jyothi Daily on
17.11.2004, 5.12.2004 and 07.12.2004, (2) Eenadu Daily on 04.12.2004]”.
In
fact, the learned counsel, Sri Prathipati Venkateswarlu, was shocked and
surprised on seeing this, and immediately made a request to the Court to
permit him to withdraw the writ petition, after receiving instructions from
his client. There should not have been any difficulty for this court in
acceding to his request. However, it is felt that a time has come, when the
court has to discourage the indiscriminate proceedings in the name of public
interest litigation, and guard itself from being used as a tool by certain
interested persons to gain popularity, or to create sensation. Time has also
come, to express concern over the way in which institutions and persons of
high reputation are sought to be maligned.
5 The petitioner claimed to itself, the credit for the
various steps stated to have been initiated by it, before the organizations
within and outside the country, with an object of ameliorating the conditions
of workmen. Several instances are cited in an index. To that extent, nobody
can have any grievance,
and
even if a handful of workers are benefited out of such proceedings or steps,
the petitioner deserves to be congratulated and appreciated for it. However,
this court is compelled to observe that the only provocation for the
petitioner to file this writ petition appears to be the recent unfortunate
happenings in relation to a Seer of an Ancient, prestigious, glorious and
reputed institution, with almost 2500 years of history. The petitioner made no
secret of this and found it difficult to relate or connect the alleged causes,
to the name, he has taken with impunity. When he was called upon to explain,
he tendered apology and sought to delete the paragraph. To certain extent, the
petitioner who appears to have been otherwise interested in the welfare of
labourers was swayed away by the news items published in certain dailies and
he did not want to lag behind in the unprecedented process of denigration of
the religious institutions.
6. It is rather sad and sorrowful that an institution of
such glory, that withstood foreign invasions, and social revolutions from time
to time spread over past 25 centuries, is virtually targeted and persecuted in
an organized manner, in an independent country. Not only individuals but also
a section of institutions, such as, the State and Press, appear to be
determined to be belittle and besmirch the Peetham. The perfidy caused to it
has shocked almost everybody in the society, cutting across the religions and
borders of the country. The role of the Courts, though indirect, is by no
means insignificant. Proponents of human rights, fair play and dignity to the
individuals and institutions have maintained stoic silence. A powerful section
is either celebrating it or is watching it, with indifference. The issue
appears to be having a greater dimension than investigation into a murder.
That, however is a different aspect.
7. There are certain institutions in every country, which
constitute their conscience and pride, and irrespective of the form of the
Government, they are respected and revered. In doing so, the country and its
people, in fact respect themselves. Even where any aberration occurs in such
institutions, wise and prudent people make all efforts to address them in
isolation and try to protect the institution, at all costs. It is only the
unwise and shortsighted, that try to protect the system or institution with
reference to aberration. If at all anything, such measures indicate fall of
moral and ethical standards. In the process, the institution has nothing to
lose, but in the long run, the society will be heading towards
self-destruction. The situation would be much more serious where the targeted
institution is the conscious keeper of the society.
8. For example, few years ago, no less a personality than
the Chief Justice of India, said at a meeting that there is considerable
number of Judges whose reputation is not above board. This statement will
certainly be matter of concern for everyone, but can never constitute a
justification to denounce the judiciary as whole. Examples can be
multiplied. Further, it is not uncommon that the institutions or persons of
high reputation are subjected to virulent propaganda. One is required to be
careful and cautious in forming opinions or acting on the basis of the same.
Human ingenuity is so capable that it can make people to believe as true, what
is in fact false, and vice- versa. It is for this reason that one has
to reserve the opinions about others till a final adjudication or verification
takes place.
9. In the recent history, we had an example. During the
Rule of Sri Krishnadevaraya, one of the most celebrated kings of the time, a
section of the family was successful in getting a verdict against the pillar
of the dynasty; Mahamanthri Timmarusu, by creating false evidence and get his
eyes removed by way of punishment. It was too late for the king to repent,
when the truth came out and what happened thereafter is a matter of history.
Unfortunately, those who are in search of immediate fame, publicity or
protection, do not draw any lessons from such instances. The amount of
disrepute and sacrilege inflicted upon Sri. Jayendra Saraswathi, as of now, is
so enormous, that it hardly has any comparables. Harshest possible words and
expressions were used either directly or in innuendo. For persons who have
grown to the level of distinguishing the body from the soul, this may be of
little consequence. However, the entire episode certainly indicates the
levels of mercury in the barometer of social and moral values.
10. Today, he is subjected to the similar treatment, as was
Draupadi, in the court of Kauravas. While some enjoyed the humiliation caused
to her, others who were in a position to rescue her, remained silent by citing
their own personal reasons or pleading excuses. It ultimately emerged that
both the categories of the people had to pay the price. They lost their right
to protest, when they were subjected to humiliation or injustice of a higher
degree, at a later point of time.
11. The importance of spiritual organizations and
institutions can by no means be underestimated in the matter of building and
shaping a country, or for that matter, the society. Some times, attempts are
made to depict the spiritualism as an antithesis to scientific thinking.
However, if one reads what Albert Einstein, a scientist of the highest order
said, it would be evident as to how shallow, such an approach, is. He
observed,
“ I
have made the Geetha and Sanskrit Literature, the main source of my
inspiration and guidance for the purpose of scientific investigations and
formation of my theories”.
The
contribution of such institutions in the field of character building and
preaching of morals, irrespective of the religions, to which they belong,
hardly needs any emphasis. Any attempt to denigrate them, would be a pointer
towards the progression of the society towards ethical and moral bankruptcy.
When such bankruptcy and degradation reaches a point, the very connotation of
civilization needs to be redefined. It is trite that denouncement of an
institution of high reputation and importance on the basis of motivated or
unproved allegations would be suicidal to the society.
12. An expression which has gained considerable currency in
the recent past is “Law will take its own course”. With due deference to
those who coined it or those who firmly believe in it, it can be said that it
is not true, at least in part. For this adage to become true, there has to be
sincerity and honesty at all levels in all those who are associated with
administration of justice. The outcome of proceedings in law, particularly in
criminal cases can be predicted with an element of objectivity and certitude,
if only
a)
the
prosecuting agency presents the case honestly,
b)
the
witnesses depose truly,
c)
the
provisions are law are clear, and
d)
the
adjudicator is efficient and honest.
Lapse
or deficiency on any of these aspects would have its own impact on the outcome
of the case.
13. If the prosecution is to depend upon the whims and
fancies of the prosecuting agency or the Government of the day, if the
witnesses keep on changing their versions, if the law is framed or changed
keeping certain individuals in view, and if the adjudicator is not upto the
expected standards, the law will not take its own course. On the other hand,
its course is determined by one or the several factors referred to above. The
way in which cases foisted or withdrawn, particularly with the change of the
Governments, the manner in which, the witnesses are coming forward, with
conflicting versions, would illustrate phenomenon referred to above. The
criminal legal system in the country has become so elastic and uncertain that
persons can be put behind the bars for months or years together on the basis
of unfounded allegations, whereas, those convicted for heinous crimes can be
made to wander freely in the society by liberating them from jails, even
before they have served the sentence. Much would depend upon the whims of
those who control the system.
14. In the recent past, the freedom of the prosecuting
agency, and that of the Courts, to deal with the cases before them freely and
objectively, is substantially eroded, on account of the overactive or
proactive stances taken in the presentations made by the print and electronic
media. Once an incident involving prominent person or institution takes
place, the media is swinging into action and virtually leaving very little for
the prosecution or the Courts to examine the matter. Recently, it has assumed
dangerous proportions, to the extent of intruding into the very privacy of
individuals. Gross misuse of technological advancements, and the unhealthy
competition in the field of journalism resulted in obliteration of norms or
commitment to the noble profession. The freedom of speech and expression
which is the bed rock of journalism, is subjected to gross misuse. It must
not be forgotten that only those who maintain restraint can exercise rights
and freedoms effectively.
15. If the press clippings filed as
material papers in this writ petition are examined, it indicates the miserable
levels to which the glorious profession of journalism was brought to. In the
edition of 17th November of a Telugu daily, the heading of news
item, loosely translated, reads “harassment to labourers and luxuries to
Swami”. The name of Sri Jayendra Saraswathi was taken and it was written
“since last two decades the management is inviting Swamiji by incurring huge
expenditure for performing poojas, and it is facing the criticism of “killing
crows and feeding vultures”. In another news item of 5th
December, 2004,
of the same daily, indiscriminate reference is made to Swamiji and others in
the context of death of women which is said to have taken place in the year
1998. It continued its tirade against the mill in the subsequent news items,
and wrote very nasty about it. Another vernacular daily went a bit further.
In its District Edition of 4th
December, 2004,
it has put a picture of noose used to hang the criminals, around the sign
board of Surya Laxmi Cotton Mills. In the news item, the name of Swami
Jayendra Saraswathi is taken and reference is made to several irregularities
said to have taken place in the mill. Even before the writ petition is
filed, the petitioner appears to have informed the daily, and in their
District Edition on 11th December, 2004 a news item was published
that the petitioner is going to file a writ petition. Here again, the name of
the seer was taken.
16. A section of the electronic medium has reduced the
entertainment and journalism to nauseating levels. For instance, a local
Telugu Channel conducted a quiz, in the last week. The viewers were given the
option to choose ‘Bakara’ among the 4 choices. They are 1) Sushil Kumar
Shinde 2) Jayendra Saraswathi 3) Uma Bharathi and 4) the Cheetah, caught
at Jubilee Hills. To say the least, the said news items and the presentations
in the networks disclose the way of thinking or the standards set for
themselves in the field of journalism, by those, who are running the same.
The persons who have contributed the news items and those who published them
have forgotten basic values of life, leave alone that journalism.
Unfortunately, they are not rare exceptions.
At one stage, this Court thought of issuing notices to
the concerned newspapers and the channel, directing them to show cause as to
why the matter should not be referred to Press Council of India or any other
concerned agencies. Two factors weighed with the Court, to give up the idea.
One is that such a course of action is prone to be utilized for
aggrandizement. The second is that, in the matters of this nature, effective
results can be expected, if a proper message is conveyed, with the hope that
wise counsel would prevail on the concerned. If they still pursue the same
path, a day would not be too far when they would be shown their place in the
society.
18. Freedom of speech and expression is a
concept “deduced” (to adopt the words of Sri Soli Sorabji) by courts from the
provisions of the Constitution of India. Though there is no direct provision
in the constitution, the Courts, particularly the Supreme Court and High
Courts recognized the necessity and importance of a free press, to sustain a
healthy democracy and the corresponding right was carved out, through the
process of interpretation. It was nourished and nurtured by the Courts by
protecting it from the onslaughts, from time to time. However, with the
passage of time, the freedom came to be grossly misused by certain agencies.
Thanks to the contribution of a section of the press, such a sacred freedom
was brought to nauseating levels. The observation of the Supreme Court
recently in relation to a photographs of a cine heroine and her friend; in a
daily, indicates the gravity. One has only to realize that the courts which
have “deduced” freedom of speech and expression and nurtured it for the past
few decades, may not find it difficult to redefine it, if it is found to have
been misused by certain persons or institutions, to the point absurdity. It
is the cumulative effect of the various instances of the type referred to
above, that may bring about such a situation or rethinking in the entire
matter, and if that happens, the society may have to pay the proportionate
price. The reason is that, freedom is always replaced by tyranny.
19.
There is a broader angle to the matter. Though the Courts have rescued the
situations many times, they have their own limitations. Much would depend on
the values cherished by a society. If the state institutions and the members
of the society do not identify for themselves, and follow the basic norms,
much cannot be expected from the Courts. Once the society does not feel any
responsibility to itself, and does not follow the basic principles of
morality, mutual respect and tolerance, no Courts can help the situation. A
famous Jurist and an American Judge, ‘Learned Hand’, in one of his celebrated
speeches on “Contribution of an Independent Judiciary” observed as under :
“That a society so riven that the spirit of moderation is
gone, no court can save’ that a society where that spirit flourishes, no court
need save; that in a society which evades its responsibility by thrusting upon
the courts the nurture of that spirit, that spirit in the end will perish.
What is the spirit of moderation? It is the temper which does not press a
partisan advantage to its bitter end, which can understand and will respect
the other side, which feels a unity between all citizens – real and not the
fictitious product of propaganda – which recognizes their common fate and
their common aspirations – in a word, which has faith in the sacredness of the
individual. If you ask me how such a temper and such a faith are bred and
fostered, I cannot answer. They are the last flowers of civilization,
delicate and easily overrun by the weeks of our sinful human nature’ we may
even now be witnessing their uprooting and disappearance until in the progress
of the ages their seeds can once more find some friendly soil. But I am
satisfied that they must have the vigor within themselves to withstand the
winds and weather of an indifferent and ruthless world’ and that it is idle to
seek shelter for them in a courtroom. Men must take that temper and that
faith with them into the field, into the market-place, into the factory, into
the council-room, into their homes; they cannot be imposed; they must be
lived. Words will not express them; arguments will not clarify them;
decisions will not maintain them…”.
He said
about spirit of liberty almost similar tone. This aspect of the matter was
clearly demonstrated in India, during emergency.
20.The necessity for this Court to
undertake this discussion arose because of the fact that the pleadings of the
petitioner are nothing but the manifestation of the feelings of a section of
society and unless they are curbed at a stage, they may grow to monstrous
proportions. Though Courts or other institutions may express their view
points, much would depend on how the society at large, chooses to react. IT
is said that when Thomas Jefferson came out of the Constituent Assembly, the
waiters asked him as to what is the form of government, they have decided for
America. His answer was “Democracy, provided you keep it”. What applies to
form of government, equally, if not with greater force applies to the norms
and values in the society.
21. The petitioner sought for action against the mill, by
alleging certain acts and omissions against it. It was fundamental for it to
have impleaded the mill. It has not chosen to do so. The obvious reason is
that it was more anxious to tarnish the image of a seer than to protect the
interests of the labourers. The whole episode reveals that the concept of
public interest litigation evolved by Courts to protect public interest has
been grossly misused by the petitioner.
For the foregoing reasons, the writ petition is
dismissed. There shall be no order as to costs.
(Reported in Deccan Chronicle of December 29, 2004)
