Caravan condemns Press Council of India for issuing show-cause notice for J&K article

The Press Council of India (PCI), a statutory body responsible for safeguarding press freedom, issued a “show cause” notice to the news magazine on October 1. The Caravan, for its story ” which dealt with the torture of civilians by the Indian army in the heavily militarized region of Jammu and Kashmir. The story was published in the February edition of the Delhi-based magazine. In response to the notice, in a strong statement, he said the PCI had failed in its mandate to protect press freedom.

The show cause notice was issued by the statutory body following a complaint filed by Ministry of Information and Broadcasting (MIB) Joint Secretary Amarendra Singh. Seeking to take action against the magazine, Singh claimed in his complaint that the magazine published a “misleading” and “one-sided” article. “This appears to violate the Press Council of India’s Standards of Journalistic Conduct 2022, specifically related to (i) accuracy and. Fairness (ii) conjectures, comments and facts (iii) investigative journalism and (iv) overriding national interest and (v) verification before publication,” the complaint states.

The notice to The caravan said: “After careful consideration of the material placed on record, I have been requested to request you to show cause, in accordance with Regulation 5 (1) of the Press Council (Investigation Procedure) Rules, 1979, the reason for which the Press Council should not take action under section 14 of the Press Council Act 1978.”

The magazine was asked to submit its written response to the notice within 14 days. “Thereafter, the matter will be submitted to the Press Council’s commission of inquiry for it to take the necessary measures,” the statement said.

If the magazine does not respond to the notice, the council will pursue the complaint, he said.

The article in question reported by journalist Jatinder Kaur Tur discusses the death of three civilians who were arrested by the Rashtriya Rifles regiment of the Indian army following an ambush set up by terrorists in the region of Poonch- Rejourned in Jammu and Kashmir in December 2023. Four jawans were killed in the ambush.

The MIB deputy secretary claimed that the article “portrays the alleged actions of security forces as a pre-planned operation and alleges that the Indian Army threatened to strip and kill the women of J&K and then broadcast some videos to threaten the local population.” He claimed that the content of the article was based on “presumptions of various aspects by the journalist who is making serious allegations of torture and custodial murder against the Indian security forces”. Allegations of torture in custody leading to civilian deaths are currently under investigation.

“The article, describing the actions of security forces from a communal perspective, places blame for the increase in militant attacks on the actions of the Indian Army and makes malicious allegations alleging politicization of the Indian Army . The article also includes an account of post-partition incidents in Jammu and Kashmir based on a false narrative spread by Pakistan,” the complaint said.

The joint secretary said the contents of the article have the “potential” to lead to “communal disharmony and uprising” against security forces in Jammu and Kashmir. And therefore “detrimental” to the sovereignty and integrity of India, security of the state and law and order in Jammu and Kashmir, it said.

the MIB had requested The caravan to withdraw its article – which was published in print and digital form – within 24 hours under section 69 A (Power to issue directions to block public access to any information via any computer resource).

Expressing shock at the PCI’s show cause notice which came after several months, said: “We are shocked by the PCI’s decision to issue us a show cause notice seven months later, when a basic assessment of the complaint would have clarified the MIB’s actions against The caravan constitutes an act of censorship and suppression of press freedom.

The caravan also stated that the show cause notice was issued beyond the period of 45 days stipulated under Regulation 5 of the Press Council (Investigation Procedure) Rules and is therefore barred.

“The Press Council Act also expressly states that nothing in its investigative and censorship process “shall be deemed to empower the Council to conduct an investigation into any matter in respect of which proceedings are pending.” course before a court. As the case relating to this report is sub judice and is being heard by the Delhi High Court, the PCI’s show cause notice is a blatant violation of the law which created the institution and is patently illegal.

While emphasizing that the PCI’s mandate is to protect the freedom of the press and uphold its right to present stories that are in the interest of the public good, the magazine added that by sending a show cause notice and reprimanding alleged violations of norms that do not seem applicable to the report in the first place, the PCI has failed in its mandate.