Media groups write to CJI DY Chandrachud requesting guidelines for seizing electronic devices.

In wake of raids on journalists, media organizations urge judiciary to intervene

In response to recent raids on journalists and writers associated with ‘Newsclick’ by the Delhi police, media organizations including the Press Club of India have written to the Chief Justice of India, DY Chandrachud, calling for the judiciary to step in and put an end to the repressive use of investigating agencies against the media. They have also requested guidelines from the judiciary on police seizures of electronic devices of journalists.

Appeal to uphold freedom of speech and expression

The letter sent to the Chief Justice of India appeals to the judiciary to uphold the values of freedom of speech and expression enshrined in the Constitution. It highlights the threat of reprisal faced by journalists in India and emphasizes the importance of the judiciary confronting power with the truth of the Constitution.

Background on the raids

On October 3, 2023, the Delhi Police’s Special Cell conducted raids on the homes of 46 writers, editors, and journalists associated with the online news portal ‘NewsClick’. Two individuals were arrested under the Unlawful Activities (Prevention) Act, and their mobile phones and computers were confiscated. The letter expresses concern over the chilling use of the UAPA against journalists.

Weaponization of investigating agencies against the press

The letter points out that investigating agencies in India have been weaponized against the press, with sedition and terrorism cases being filed as a means of harassment and to curb the free press. It emphasizes that such intimidation affects the democratic fabric of society and calls for a fundamental truth that journalists are answerable to the Constitution, not the government’s disapproval.

Measures to address the issue

The letter suggests several measures to address the restraint on the free press and persecution of journalists:

• Framing norms to discourage the seizure of journalists’ phones and laptops without proper justification.
• Evolving guidelines for the interrogation of journalists and seizures from them to ensure they are not fishing expeditions unrelated to actual offenses.
• Ensuring the accountability of state agencies and individual officers who overstep the law or mislead courts with vague investigations against journalists.

The letter concludes by stating that journalists are willing to cooperate with bona fide investigations but cannot accept ad hoc seizures and interrogations in a democratic country.

The letter has been endorsed by various media organizations, including Digipub News India Foundation, Indian Women’s Press Corps, and the Chandigarh Press Club.

Click here to read the full letter