The Press Council of India has supported the restrictions on communication imposed by the Narendra Modi government in Jammu and Kashmir “in the interest of integrity and sovereignty of the nation”. It filed an affidavit against a writ petition by a journalist asking for the ban to be lifted.

Kashmir was an ideal opportunity for Press Council of India to showcase its virtues but it failed
Ashutosh
Author and former AAP spokesperson

These are troubled times for Indian media. It is in a serious crisis given the national debate on Modi government’s clampdown on press freedom, especially in Jammu and Kashmir. A narrative is built in the garb of nationalism, which then restricts and controls every debate meant to encourage freedom and autonomy of thoughts, setting off a vicious cycle — bulldozing and blocking ideas and asphyxiating innovations. Every thought process has to pass through the test of patriotism now.

The credibility of the press has dropped to new lows and people are finding it difficult to trust the press.

Press Council of India (PCI) was created with a mandate to help the press remain reverent in the eyes of every Indian, argumentative, logical, courageous and also challenge the government with firm conviction whenever needed.

Kashmir was an ideal opportunity for the PCI to showcase its virtues as an institution and fight for the cause of free press. But, to our horror, it has decided to plead against the basic values fundamental for the existence of democracy in the country. PCI chairman Justice Chandramauli Kumar Prasad’s action is arbitrary, dictatorial and hints at the larger design to turn free press into a caged parrot — a parrot that toes the line of the government.
We must question the wisdom of having a retired Supreme Court judge as the chairman of an institution whose basic premise is to fight for the freedom of the press. It’s time for the media fraternity to rise for its own cause or get ready for collective suicide.

PCI took upon itself to focus on restrictions and not look at ‘reasonableness’ of those restrictions
Karuna Nundy
Advocate, Supreme Court of India

The Press Council of India is a statutory body whose mandate is to champion press freedom. In this case, it has voluntarily stood up to speak in favour of the opposite – restrictions on the press.

Article 19 of the Indian Constitution mentions reasonable restrictions. But the PCI has taken upon itself to focus on restrictions, and not look at the ‘reasonableness’ of those restrictions in terms of the constitutional minimum.

There was no need for the Press Council to actively try to limit media freedom by intervening in a writ petition that has sought freedom for the Kashmiri media. The PCI is required to at least do its basic duty and stand with media.

In fact, other members of the Press Council have said quite clearly that the chairman filed the affidavit independently, without taking the institution’s consent, and thus violated the council’s rules. The Press Council rules require the members to deliberate before arriving at any decision.

PCI always stands for press freedom & should investigate role of media players aiding terror ecosystem in J&K
Aditya Raj Kaul
Strategic Affairs & Internal Security Editor, BTVI Live

When I was reporting from Kashmir for a week after the abrogation of Article 370, I did not see any restrictions imposed on the media apart from the usual internet and phone blackout or the identity verification required at police check-posts, which was applicable to everyone in the region. In fact, the department of information technology provided a media centre at the Sarovar Hotel with computer and internet access, where I often saw fellow Kashmiri journalists.

Every journalist with an experience of working in a conflict zone has hardly a few minutes of internet access to file a story or dispatch one. The Press Council of India has always stood for the freedom of the press and should investigate if some elements are deliberately provoking violence in Kashmir by giving an unrealistic picture of chaos, mayhem and agitation.

The years 2008, 2010 and 2016 have seen a lot of violence, casualties and media restrictions in Kashmir. We have also seen some editors and journalists under investigation by the Jammu and Kashmir police and the National Investigation Agency in connection with larger terror funding cases. The PCI should investigate the role of certain media players in Kashmir for aiding a terror ecosystem.

For instance, The Times of India journalist Saleem Pandit has often faced threats for his reportage. The Press Council should stand by such voices with conviction.

Some members of Press Council themselves disagree with chairperson’s decision to support media ban in Kashmir
Bhupendra Chaubey
Executive Editor, CNN-News18

The Press Council chairman’s decision to go to the Supreme Court supporting the ban on media coverage is completely uncalled for. I believe that the members of the Press Council themselves disagree with this decision and are asking for it to be recalled. The PCI chairperson shouldn’t have taken this decision.

I agree that this move by the Modi government is a new move, it’s a new trajectory. Without a doubt we need some time to figure out how this move will play out. However, it’s not the job of the PCI chairperson to support this complete ban on media coverage.

The truth is that there is some amount of media coverage happening. It’s not that reporters aren’t going to the Valley. They are able to file dispatches. But how is it that the foreign media is presenting a completely different story from what the Indian media is showing? How is it that they have access to information that we don’t?

Difficult to argue backing media restrictions in Kashmir would fall within scope of principles laid out by PCI for itself
Smitha Krishna Prasad
Associate Director, Centre for Communication Governance, National Law University Delhi

Access to the internet is today recognised as a basic human right, and an integral part of freedom of speech and expression endorsed by international human rights bodies as well as most democracies. The form of communication shutdown that we’ve seen in Jammu and Kashmir over the past few weeks is unprecedented, with little to no information about the legal provisions and constitutionally tenable reasons under which such steps were taken.

While there is, of course, a national security concern, and such concerns are grounds for reasonable restrictions to freedom of speech, a look at the role that the Press Council of India sees itself playing in promoting freedom of speech and expression would be helpful. The Press Council of India states that these are some of its many functions: first, to safeguard against arbitrary restrictions on freedom of the press by the government, and help the press maintain its independence, and second, to ensure that the media adheres to established norms of journalistic ethics and conduct.

However, shutting down of communications and curbing ability of the press to function is an almost complete restriction to speech. There is no opportunity being given to the press to report within the parameters of ethical journalism. In this case, there appears to be a presumption that all reporting coming from a certain geographical area will be in violation of these journalistic standards, and cause a security threat. It is difficult to argue that backing such actions would fall within the scope of the principles laid out by the Press Council of India for itself.

Does PCI believe that restrictions on communication—and on media—will help the true picture in Kashmir emerge?
Shailaja Bajpai
Editor (Media) and Editorial Skill Development, ThePrint

The Press Council of India’s request to the Supreme Court to allow it to assist it in deciding a petition by Kashmir Times seeking to end communication restrictions in Jammu and Kashmir is a remarkable volte-face, farcical if it wasn’t so serious.

This is a complete reversal of roles — the PCI’s purpose is to safeguard freedom of expression “unfettered and unhindered by any authority”. However, in this intervention it seems to suggest that “free and fair reporting” is antithetical to “the interest of the integrity and sovereignty of the nation”.

It is baffling why the PCI should feel it necessary to intervene in this manner: First, reasonable restrictions on press freedom already exist under Article 19 (2) of the Constitution and require no further reiteration. Second, it is the government’s paramount duty to protect the country’s sovereignty and integrity. The media’s primary duty is to freely and fairly report the news. To conflate the two and demand that the media bear the responsibilities of the government, is by definition, wrong.

The “national interest” is treacherous ground, seen differently and from often conflicting points of view—who better than the media to reflect these different points of view?

Third, the presumption that an independent media will not report objectively or with a sense of responsibility, keeping in mind “national interest”, is to add insult to injury. The Press Council of India should be the first one to defend the media, and not question it.
Let us inverse the argument: does the PCI believe that restrictions on communication—and therefore on the media—will help the true picture in Kashmir emerge?

Courtesy The Print

Muzamil Jaleel

For more than 50 years, their presence was used to disprove Pakistan’s claim over Jammu and Kashmir, provide democratic legitimacy to New Delhi’s case; for over two decades, they ran a counter-insurgency operation and a campaign against separatists. For more than 50 years, they were the government.

Three weeks into the lockdown, abrogation of the state’s special status, its bifurcation and downgrade into a Union Territory, the political vacuum is deepening on the ground.

Senior leaders of the key Kashmir-based parties, National Conference, Peoples Democratic Party, Peoples Conference and even smaller groups like Awami Itihaad Party and J&K Peoples Movement, are under detention. These include three ex-CMs, a former Union minister, almost every former state minister, even the Deputy Mayor of Srinagar, and a number of legislators.

Not just the top brass, many influential second-rung leaders and even district, tehsil and block-level activists have been picked up — in many places, The Indian Express has learnt, as many as four to five layers of leadership in these parties, even polling agents, have been detained. And those who have ducked the dragnet are groping for the way ahead.
“If Assembly elections had taken place on time, Omar Abdullah would have been CM again,’’ said an NC worker, from Khanyar in downtown Srinagar, who has moved out to avoid arrest. “Now he’s in jail and I don’t even know what is going on in my neighbourhood where our party has a substantial presence.”

“We have no argument left with us. We cannot blame people for being unsympathetic towards us. They were always right. We have been shown our place,’’ he said. “We did everything, including justifying shedding the blood of our own people, to keep India’s flag flying high in Kashmir. Today, we are not trusted. We are being put through the loyalty test again and again. Article 370 is the core of what made us Indians in Kashmir and that too has been taken away.”

So sweeping is the crackdown on the mainstream there isn’t anybody of consequence from these parties who can provide any clue to the next steps. “I am perhaps among the very few NC leaders who is still free because I have been dodging arrest. I don’t stay at home and my location can’t be found out through phone — phones aren’t working,’’ a young leader told The Indian Express. “I have no information because there isn’t anybody among our top leaders to ask.” He said that while the party office, Naw-e-Subuh, is in a high-security zone next to the local Doordarshan and radio stations, access has been blocked.

Explaining the new criteria, a police officer said that “anybody who is greeted by more than 10 people in a mohalla is a potential mob mobiliser” and “thus seen as a threat”. A lower-rung PDP worker from South Kashmir said that since 2016, he has been living away from home because of the militants’ threat. “Now the government too is after us. I can’t go home because I may be killed by militants. I can’t stay here because I may be picked up by police. I am hiding from both the sides now,” he said.

He echoes the questions being asked on the ground. “For us, Mufti was India in Kashmir. Our party was in alliance with BJP till last year. How can any government go after us?’’ he asked. “Perhaps over time, we had forgotten that when the day comes, we would be treated like any other Kashmiri — nothing more than suspects and jailed”.

Asked about the detention of mainstream leaders, the government spokesman in Srinagar said: “Local authorities are taking all such steps as may be necessary to maintain public order. I assure you that everything that is being done is being done under appropriate laws”.

Ironically, there is little sympathy for these leaders or parties among large sections of the public. While the Centre claims their “corruption” and “nepotism” is the reason for disaffection, many here point to their “long complicity with New Delhi” and say they have got their comeuppance.

“They were India in Kashmir,” said a university professor who didn’t want to be identified because of fear of reprisal. “Until now, they were detaining people, locking us up inside our homes. Today, their fate has changed, they have been made to realize that they will always remain part of us. How do they resist the new order is the question now”. There is another significant reason why public sympathy is missing.

Many also suspect that these very same leaders, if and when they will be released, may cite political expediency to resume negotiations on new terms with the Centre.

“They may talk on how to restore the statehood of J&K. Ladakh will always remain a separate Union Territory and there will be no dialogue on Article 370 and Article 35 A. They are gone for good,’’ said a senior police officer involved in the current administration. “I don’t know when that will happen. It could take yet another five years. There is no chance that the government now will agree to restore special status to J&K. It is history now”.

Whether that happens may not be clear but one thing is: mainstream political leaders are in a double-bind. If they are seen as falling in line, they risk losing public trust, said the university professor. Can they address people’s fears and hopes in a politics that abjures violence is the question, he said.

So, if and when they are freed, how they redefine their role and discourse will eventually shape post-August 5 politics in the Valley.

Courtesy Indian Express

Srinagar : Normal life remained affected in Kashmir for the 22nd consecutive day on Monday as markets and schools were shut, but the movement of private vehicles in the city improved, officials said.

Restrictions were lifted in most areas of the valley, but the deployment of security forces continued to maintain law and order, they said.

The communication blockade in Kashmir was eased to some extent as landline telephone services were restored in most places across the valley in view of the improving situation, the officials added.

However, the services continued to remain snapped in the commercial hub of Lal Chowk and Press Enclave here.

The mobile services and internet, including BSNL’s broadband and private leased-line internet, remained suspended since 5 August when the Centre abrogated Article 370 of the Constitution and reorganised the state into two Union territories – Jammu and Kashmir and Ladakh.

Meanwhile, the officials said the situation remained peaceful on Sunday and no untoward incident was reported from anywhere in the valley.

Markets across Kashmir remained shut for the 22nd consecutive day as shops and other business establishments were closed, while the public transport also was off the roads, the officials said.

They said the movement of private cars in the city and elsewhere in the valley increased.

Private educational institutions continued to remain closed while government schools witnessed minimal attendance of the students, they added.

SRINAGAR: Jammu and Kashmir Governor Satya Pal Malik on Monday withdrew the invitation he extended to Congress leader Rahul Gandhi to visit Kashmir and advised the latter to seek proper permission before scheduling any visit in the near future.

“I want to put the matter pertaining to my invitation to rest. I extended this invitation when he made a misleading statement about violence in Kashmir. For five days he did not respond. Then he said I will take people along and will meet prisoners and detainees. Then I categorically stated that I don’t accept your visit on these conditions. I withdraw this invitation and you can come after seeking proper permission,” the Governor said while talking media.

Malik also promised that the BJP-led government will make the Jammu and Kashmir region so prosperous that residents of Pakistan occupied Kashmir would want to live in the newly carved out Union Territory.

The governor claimed that within 15 days there would be a visible improvement in the region. And to restore normalcy, the government will ensure absolute protection to people’s lives, land and jobs.

“Even during Ghulam Nabi’s time, there were lives lost. We are ensuring that not even a single life should be lost. Every Kashmiri life is precious for us. For us, the priority is to ensure that there would be no casualty, people can wait for ten days for restored telephone facilities. The region has seen strikes that went in for four months,” added Malik.

The Governor also attacked the Congress and other opposition parties stating that their statements were helping Pakistan create an atmosphere of unrest in the region and advised them to keep the interest of the nation paramount.
While withdrawing his invitation to former Congress president he clarified that the earlier invitation was made to rectify his perception on the situation.

Malik further elaborated, “This time, administration categorically told him not to come as it can disrupt the situation and normalcy is being restored and that we are dealing with threats from Pakistan. The administration has told him that his remarks will only give ammunition to Pakistan and this is exactly what happened. Pakistan PM Imran Khan mentioned the same in his tweet. This is a matter of national interest. He should help us restore normalcy.”

The governor launched a scathing attack on Adhir Ranjan Chowdhury, Leader of Opposition in Lok Sabha for suggesting that he should become BJP’s chief in the state rather than holding the Governor’s post.

Malik said that Chowdhury’s reply on the issue of Kashmir in Lok Sabha during debate on the reorganisation of Jammu and Kashmir has ‘adversely affected his party.

“I can guarantee that whenever there will be an election in the country, he will be quoted for calling Kashmir a UN issue. There is nothing to comment on his knowledge about these issues,” said Malik.

The Governor also praised BSP leader Mayawati for her tweets.

“She has made a historically correct statement and she is right in saying that opposition’s clamour to visit the region is not in the interest of the nation,” stated the Governor.

Commenting on Javed Miandad, former cricketer and his appeal to visit LoC along with others, Malik said, ” India isn’t bothered what he or others in Pakistan do. We will make the region heaven.

Kashmiri truck driver was killed on Sunday after he was attacked with stones by protesters in south Kashmir’s Anantnag district, police said.

Noor Mohammed Dar, 42, a resident of Zradipora Uranhall locality, was returning home when protesters threw stones at him after they”mistook his truck for a security force vehicle”, the Jammu and Kashmir police said in a tweet.

The stone pierced the pane and hit Noor Mohammed Dar’s head, they added. He was rushed to the nearby Bhijbhera hospital, from where he was referred to SKIMS Soura. He, however, was declared brought dead by doctors, the police said.

The accused has been identified and arrested, they said. Amurder case has been registered at police station in Bhijbhera, the police added.

Police said a few days back a girl was seriously injured ina stone-throwing incident in downtown Srinagar and a case has been registered in that case as well.

Jammu and Kashmir has been cut off from the rest of India for nearly three weeks to prevent a backlash since the government ended the special status of the state and bifurcated it into two union territories.

More than 50,000 additional troops have been stationed inthe Valley and prohibitory orders banning large gatherings are still in placeas part of a multi-level preventive measures. The phone connectivity is yet to be restored in parts of Jammu and a huge portion of Kashmir Valley.

The state administration has said of the 97 telephone exchanges, only 25 are functioning.The five cater to nearly 35,000 land lines the rest had only and remaining 75 exchanges have only 14,000 numbers.

Jammu and Kashmir Governor Satya Pal Malik claimed that the restrictions were necessary to prevent any loss of life. “Our attitude is such that there should be no loss of human lives. If there’s no telephone for 10 days, so be it. But we will roll back these measures very soon,” said Mr Malik.
More than 50,000 additional troops have been stationed in the valley. The government said these temporary measures would be lifted in phases by the local administration on the basis of the ground situation.

Agencies

Srinagar, August 25  : In a historic development, the authorities in Srinagar downed the State flag at the Civil Secretariat in the wake of abrogation of Article 370 that provided special status to Jammu and Kashmir till August 5.

In the morning, officials from the State administration reached the Civil Secretariat Srinagar, and downed the State flag that used to fly high along with the national flag. Till August 5, State flag was a symbol of J&K’s special status that was rolled back by the BJP led regime at Centre besides bifurcating the State into two union territories— J&K and Ladakh.

State flag first was declared mandatory for unfurling at the Civil Secretariats of the State in June 1952 by the then Constituent Assembly. According to KNO, many passers by termed the downing of State flag as  a “saddest moment for the J&K’s history.”
“This is a saddest day of my life,” said Nasir Ahmed, who was walking outside Secretariat, when flag was downed by the secretariat employees tasked to carry out the job by the Governor Satya Pal Malik led administration.

An elderly Ghulam Muhammad told that today State lost everything and that the move to down the State flag shows that New Delhi is serious in integrating the State with the Union of India.

“But one thing is clear that this all is being done on the basis of military might. We can only see these developments but this all doesn’t mean that Kashmir issue is a gone case. Kashmir is a political issue and today entire International community is well aware of it,” the elderly man said.

He said that he has witnessed many historic moments including 1971 war and many other things as he has crossed 80 years of age. “Today is a crucial time and I believe history is going to be changed. Flag is down by the Kashmir issue remains alive. Lets see what happens,” he said.

A group of young boys, travelling in a private car, halted for a while outside the Secretariat gate to witness the historic moment of downing of State flag. “Let them do what they want to. Kashmir issue is a political issue and has to be resolved politically. There is an anger among the people. Shops are closed and there is no public transport on roads,” they told.

An official in the Governor Malik led administration said that since the law to abrogate Article 370 stands passed in the both houses of parliament with full majority, there was no fun to keep the State flag up at the Civil Secretariat, the highest seat of governance in Kashmir.

“The methods of integration of J&K into the Union of India is gradually being implemented on ground,” he  told.

Another official told that the integration act will fully be applicable from October 1 and from that very day, J&K and Ladakh will be declared as two Union Territories.(KNO)