Hot Off The PressNews

As reported by ANI, the United States of America has passed a bill unanimously, which would impose sanctions on Saudi officials who were involved in the killing of Saudi journalist Jamal Khashoggi.

House of Representatives passed Saudi Arabia Human Rights and Accountability Act which requires — director of National Intelligence to publicly identify persons who were involved in the murder of Saudi journalist last year.

The said act requires the director of National Intelligence to publicly identify the persons involved in killing of Khashoggi and impose visa and travel sanctions on them.


[Source: ANI]

Case BriefsHigh Courts

Manipur High Court: A Bench of Lanusungkum Jamir and Kh. Nobin Singh, JJ., released Kishorchandra Wangkhem, the 39-year old journalist who was detained under the National Security Act, 1980 for criticising the Government through Facebook posts.

At about 2 pm on 27-11-2018, Kishorchandra was picked up by some unidentified persons on Police uniform and brought to Imphal Police Station where he was detained for about 5 hours. On the same day, a detention order under NSA was passed against him by the District Magistrate, and he was taken to Manipur Central Jai, Sajiwa, where he had been lodged since.

S. Chitranjan, Advocate led arguments on behalf of Kishorchandra and challenged his detention under NSA as illegal and unlawful contending that he did not get a chance for making an effective representation against his detention. Per contra, N. Kumarajit, Advocate General of Manipur and S. Suresh, Additional Solicitor General appearing for the Union of India supported the detention order.

The primacy issue in focus was: whether the detention order date 27.22.2018 stood vitiated due to non-supply of the picture with captions alleged to have been posted by the petitioner on his Facebook wall on 7.8.2018 and non-supply of the duplicate copy of the CD containing four video clips relied on by the DM, thereby preventing the petitioner from making an effective representation before the concerned authority?

The High Court found that the pictures in controversy and the CD concerned, which found mention in the ‘grounds of detention’ were not supplied to Kishorchandra. This, as per the Court, prevented the petitioner from making an effective representation against his detention. The Court said: “We have, therefore, no hesitation to come to the conclusion that non-furnishing of the pictures with copies alleged to have been posted by the petitioner on his Facebook wall on 7-8-2018 and compact disc containing four video clips, vitiates the very detention order dated 27-11-2018.”

In such view of the matter, the writ petition filed by Kishorchandra Wangkhem was allowed and the detention order passed against him under the National Security Act was set aside. He was directed to be set at liberty forthwith unless wanted in other cases. [Kishorchandra Wangkhem v. State of Manipur, WP (Crl.) No. 18 of 2018, dated 04-03-2019]

Hot Off The PressNews

As reported by media, Journalist Priya Ramani appeared in the Patiala House District Court for the defamation case filed by MJ Akbar (Former Union Minister).

Priya Ramani was the first woman to accuse MJ Akbar of sexual allegations during the “#me too” campaign.

MJ Akbar had filed a defamation case against her, stating the cause that the article published by Ramani in which she had stated she was sexually harassed by MJ Akbar in the past. Several women had raised their voices in support of Ramani along with the ones who had been the victim of the same.

Therefore, today on appearance at the Patiala House District Court, Ramani was granted bail with a bond of Rs 10,000 by Additional Chief Metropolitan Magistrate, Samar Vishal.
Ramani after the court proceedings gave a statement that “truth is her defence” and after the next date it will be her turn to tell the story.

The next date of hearing is fixed to be 10-04-2019.

[Source: ANI]

Case BriefsTribunals/Commissions/Regulatory Bodies

National Human Rights Commission (NHRC): The NHRC has taken suo motu cognizance of a media report that the network of editors and media practitioners, namely, SAMDEN has urged the NHRC to seeks swift probe into Shujaat Bukhari’s killing along with his two personal security officers in Lal Chowk area of Srinagar in Jammu & Kashmir on 14.06.2018. Reportedly, SAMDEN has also demanded swift action to be taken by the Central and the State Government for the necessary steps ensuring safety and security of all the journalists across the country.

As per news report, the deceased journalist had been under police protection since the year 2000. He was reportedly facing threats, being a rare voice of moderation and an advocate for peace and justice. Many other NGOs and human rights defenders have also raised their voice against the threats, attacks and murders carried out against the media persons.

The Commission has observed that in view of special provisions laid down under Section 1(2) of the Protection of Human Rights Act, 1993 in connection with the State of Jammu & Kashmir, it generally does not intervene into the matters relatable to entries enumerated in the List II (State List) mentioned under Seventh Schedule to the Constitution of India. In such cases, it is for the State Human Rights Commission to take cognizance of the complaints regarding alleged violation of human rights in the State of Jammu & Kashmir.

However, it further observed that it is learnt that the State Human Rights Commission is closed for summer vacations till 30th June, 2018 and till date, cognizance of this case has not been taken by them. The way, Mr Shujaat Bukhari had been killed by the miscreants indicates that the media persons, even those who have been provided police protection by the State Government, are not safe in the valley. This is a case of violation of right to life of the victim and the incident is causing serious threat to free speech and freedom of press in the State.

Looking into the gravity of the matter, the Commission has issued a notice to the Chief Secretary and the Director General of Police of the State of Jammu & Kashmir calling for detailed report in the matter. The State Government is also expected to provide details of the attacks made on the media persons during last two years along with number of persons died/ injured and status of relief/ rehabilitation provided to the victims and their families. The Commission would also like to know as to what special measures have been taken by the State Government to stop such incidents in the State of Jammu & Kashmir. The response is expected within four weeks.

Besides this media report in the matter, a complaint from the Front Line Defenders, an NGO has been received which has been registered by the Commission. The formal letter from the Commonwealth Human Rights Initiative (CHRI) is yet to be received by the Commission.

National Human Rights Commission

Case BriefsSupreme Court

Supreme Court: In the controversy arising due to the voice samples taken in the matter where the appellants had allegedly demanded a sum of money to refrain from telecasting programmes on a television channel pertaining to the alleged involvement of a corporate entity in a wrongful activity pertaining to the allocation of coal blocks, it was argued by the Appellants that they were being made to read out inculpatory material drawn from an audio recording of the alleged sting operation.

The 3-judge bench of T.S. Thakur, CJI, A.M. Khanwilkar and Dr. D.Y. Chandrachud, JJ held that there was no substance in the submission that the text which is to be read by the Appellants in the course of drawing their voice samples should contain no part of the inculpatory words which are a part of the disputed conversation as a commonality of words is necessary to facilitate a spectrographic examination. Stating that it is not open for the Appellant to dictate the course of investigation, the Court said that the Appellants had not been forced or coerced into furnishing such a sample since it was they who had furnished their consent; secondly, a voice sample is not evidence since its purpose is only to compare it with the questioned text.

Earlier, Delhi High Court had ordered that the purpose of a voice sample is to facilitate the process of comparing it with a recorded conversation. The voice sample is not a testimony in itself since it only constitutes what was described as ‘identification data’ and hence, it is not a substantive piece of evidence. By the order dated 01.07.2016, the Court had directed the Appellants shall be required to read out for the purpose of giving their voice samples using words, but not the sentences, appearing in the disputed conversation in such number as the Director/Scientific Officer may consider necessary for the purpose of comparison in order to ensure that the text which the Appellants would be called upon to read out for the purpose of drawing their voice samples will not have sentences from the inculpatory text. Similarly, permitting the text to contain words drawn from the disputed conversation would meet the legitimate concern of the investigating authorities for making a fair comparison. [Sudhir Chaudhary v.  v. State of NCT of Delhi, 2016 SCC OnLine SC 747, decided on 29.07.2016]