[rti_india] Hon'ble Speaker Rajya Sabha : PCI Act 1978 - "The decision of the Council under sub-section (1) or sub-section (2) as the case may be shall be final and shall not be questioned in any court of law" not in order & need amendment...

Friday, October 29, 2010

[rti_india] Hon'ble Speaker Rajya Sabha : PCI Act 1978 - "The decision of the Council under sub-section (1) or sub-section (2) as the case may be shall be final and shall not be questioned in any court of law" not in order & need amendment...

Hon'ble Speaker,

Rajya Sabha,

Parliament, New Delhi

Respected Sir,

Your kind attention is invited to the correspondence in the matter of public grievance filed by me against The Times of India with the Press Council of India.

The following provision of the Press Council of Act 1978 gives Press Council of India the absolute discretionary power that cannot be challenged even in a Court of Law.

(4) The decision of the council under sub-section (1) or sub-section (2) as the case may be shall be final and shall not be questioned in any court of law.

To me, the Press Council of Act 1978 needs amendment on priority to stop this unbridled power of the Press Council of India as checks and balances are a must in the democratic set up and no authority can be allowed to have this absolute discretionary power that is even outside the legal scrutiny as power corrupts and absolute power corrupts absolutely.

In larger public interest to avoid undue / unwarranted encroachment upon the fundamental right freedom of expression of common man by the powerful media; misuse of freedom of expression by the media and then PCI abusing authority to support unethical act of media, I request Hon'ble Parliament to amend the PCI Act to bring above-mentioned provisions within the ambit of legal scrutiny.

With warm regards,

--
(Babubhai Vaghela)
C 202, Shrinandnagar V, Makarba Road Vejalpur, Ahmedabad - 380051
M - 94276 08632
http://twitter.com/BabubhaiVaghela
About me at - http://bit.ly/9xsHFj
http://www.youtube.com/user/vaghelabd
(Administrator - Google Group - Right to Information Act 2005)
http://groups.google.com/group/Right-to-Information-Act-2005/about?hl=en

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4. Power to censure -

(1) where on receipt of a complaint made to it or otherwise, the council has reason believe that a newspaper or news agency has offended against the standards or journalist ethics or public taste or that an editor or a working journalist has committed any professional; misconduct, the council may, after giving the newspaper, or news agency, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such annett as may be provided by regulations made under this act and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist, as the case may be: Provided that the council may not take cognisance of a complaint if in the opinion of the chairman there is no sufficient ground for holding an inquiry.

(2) If the council is of the opinion that it is necessary or expedient in the public interest so to do, it may require any newspapers to publish therein in such manner as the council thinks, fir any particulars relating to any inquiry under this section against a newspaper or news agency, an editor or a journalist working therein, including the name of such newspaper, news agency, editor or journalist.

(3) Nothing in sub-section (1) shall be deemed to empower the council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law.

(4) The decision of the council under sub-section (1) or sub-section (2) as the case may be shall be final and shall not be questioned in any court of law.

http://nwmindia.org/Law/Bare_acts/Press_Act.htm

http://presscouncil.nic.in/Eng-An-Re-07.pdf

Case History and supporting documents at:

Reminder : Press Council of India - Complaint against The Times of India in the matter of Dr Kalam - File No. 14/66/10-11-PCI..

http://groups.google.com/group/right-to-information-act-2005/browse_thread/thread/5d211f9f405bd93f

---------- Forwarded message ----------
From: Babubhai Vaghela <vaghelabd@yahoo.com>
Date: Tue, Jun 8, 2010 at 7:41 AM
Subject: Press Council of India - Complaint against The Times of India in the matter of Dr Kalam - F. No. 14/66/10-11-PCI..
To: press council of india <pcibpp@gmail.com>
Cc: Cabinet Secretary to Government of India <cabinetsy@nic.in>, Prime Minister Govt of India <pmosb@pmo.nic.in>, Help Gujarat High Court <rg-hc-guj@nic.in>, Help Supreme Court <supremecourt@nic.in>, Smt Pratibha Patil President of India <presidentofindia@rb.nic.in>

The Secretary,

Press Council of India,

Soochna Bhavan, 8-C.G.O. Complex,

Lodhi Road, New Delhi-110003

pcibpp@gmail.com

Dear Madam,

Kindly refer to your captioned letter with reference to my complaint.

As there has been total non-response from The Times of India despite lodging complaints to them & giving ample opportunity to them reply, it amounts to acceptance of guilt.

The requested corrective action has not been taken; apology to respected Dr A P J Abdul Kalam has also not tendered and the services of their reporter has also not been terminated for writing factually incorrect news & acting in an unethical manner.

In view of the above, kindly arrange to take strict action against the Reporter / Editor / Publisher of The Times of India that should work as deterrent to other mass media and direct the employer The Times of India to terminate services of the Reporter Mr Pradip Thakur after giving them the reasonable opportunity to submit the explanation to PCI and after giving the same reasonable opportunity to the undersigned complainant to submit rejoinder to their explanation to PCI. For this purpose, please keep me informed of action taken by PCI and please forward me a copy of their explanation. If they do not submit explanation, then also please keep me informed preferably by email with a signed copy by snail mail. Please do not send back-dated letters.

A copy of correspondence in the matter with signed declaration, as per the format sent to me by PCI, is sent by smail mail.

Please arrange to redress the public grievance at the earliest.