Tejpal's Case

By making available to public newer evidence which has surfaced in Tejpal’s case, Seema Mustafa, editor of The Citizen has actually done what is enshrined in the Constitution of India. Article 51A (h) states:

It shall be the duty of every citizen of India to develop the scientific temper, humanism and the spirit of inquiry and reform.

Besides, as a professional journalist she has – without fear or favour – performed her duties. The fundamental right to freedom of expression is available to all citizens including journalists. It is a tough call for a journalist to be in such a situation as all round condemnation is expected; more painful is criticism leveled by fellow travellers from amongst the women’s rights activists. With this turn of events a situation has got created where it is ‘difficult to speak and impossible to remain silent.’

At the national protest site at Jantar Mantar, New Delhi followers of Bapu Asaram have been on a continuous protest since September, 2013. While Asaram’s case is sub judice his followers continue to raise their voice against what they perceive to be injustice. They feel that he has been framed in a conspiracy hatched by the powers that be. The same followers have been indulging in a sustained campaign against the print and television media for untruthful reporting. These protesters had never had to face any high-handedness of the area police or the local administrators. Social activists including women’s groups have never criticized these protestors.

Equally true, protesters belonging to one of the factions of ‘Damini’ Andolan have been on a continuous protest since December 2012. For the last nine months their number has dwindled to less than two digits. They have declared to continue their protest till the accused of December 16 gang rape case are hanged. People like us who oppose capital punishment and who are wholly supportive of victims of Asaram and his son feel threatened on a daily basis. The local strength we derive is from a rape victim who has come from Punjab and is on a protest dharna since January 2013 and has not been able to get an FIR registered till date. She was assaulted on 16 June, 2010 at Sangrur, Punjab.

Forces which are now lunging in at Seema Mustafa’s jugular will have to concede that she has every right to disclose new facts that have emerged in Tejpal’s case. For months after Tejpal’s case became public, activists have been supportive of the victim. This is proof of their gender sensitivity. In view of the newer facts which have emerged in the last few days the legal/democratic rights of the accused cannot be ignored. It is a social process which should not be confused with the womens’ issue being sidelined. Such situations have occasionally arisen in the past.

It is ironic that the community of journalists as also their professional bodies are not rising to the occasion and closing ranks so that the newer facts in Tejpal’s case do not get buried six fathoms deep.

When Mrs. Gandhi declared a state of Internal Emergency in 1975, the doyen of Indian journalism, Mr. Kuldeep Nayar realized very soon that few co-professionals would stick their neck out and be prepared to be jailed along with him for daring to challenge media censorship. L.K. Advani had famously quipped later about the journalist community that when asked to bend they were prepared to crawl. One sees that the intellectuals are already not prepared to speak the truth due to the perceived fear of fascist forces coming centre stage sooner or later. My friend and senior, Comrade Chotte Lal had dared to stand up and blame the Indian establishment for its forward policy (read aggression) along the Indo-China border during the 1962 conflict. He was arrested under the Defence of India Rules and jailed. He was labeled as an anti-national. Fifty-two years later the Henderson Brooks-Bhagat report stands testimony to Chotte Lal’s beliefs and conviction. About time we should get Lata Mangeshkar to sing ‘Ae Mere Watan Ke Logo’ – Part II. And this time around ‘Zarra Aankh Mein Bhar Lo Paani’ should additionally be for the Nation having been fooled for over half a century. Truth, like pregnancy has a habit of surfacing unless it is aborted.

Dr. Paramjit Singh Sahni

Secretary,

Public Interest Litigation Watch Group