Section 13 Inquiry Committee meeting ... -...

Section 13

Inquiry Committee meeting held on 27-28 May, 2019 at New

Press Council of India

1. Suo-motu cognizance with regard to murder of Shri Shujaat Bukhari, Editor-in-Chief, Rising Kashmir. (13/39/18-19).

2. Suo-motu cognizance w.r.t. attack on journalist by the CRPF in J&K. (13/90/16-17).

3. Complaint of Shri Pradeep Kumar Srivastava, Distt. Correspondent/ Acreditated Reporter, Dainik Lokmitra against Shri Prakash Yadav, Conductor, U.P. State Roadways Transport. (13/159/17-18).

4. Suo-motu cognizance with regard to registering case against the Puthiya Thalaimurai TV Channel and its Reporter.( 13/50/18-19)

5. Suo-motu cognizance with regard to restriction on Media in Kerala : Prior permission required to interact with VIPs. (13/149/18-19)

6. Complaint of Shri Samir Paul, Editor/Publisher, Daily Desher Katha, Tripura against the BJP Workers and anti-social elements.( 13/80/18-19)

7. Suo-motu cognizance with regard to assault of journalists in Tripura. (13/173/18-19)

8. Suo-motu cognizance with regard to attack on journalist by Trinamool Congress activists in West Bengal. (13/9/18-19)

9. Suo-motu cognizance with regard to killing attack on Shri Pankaj Mishra, Journalist of Rashtriya Sahara in Arwal (Bihar). (13/79/17-18)

10. Suo-motu cogniznace with regard to murder of two journalists, Shri Naveen Kumar Singh and Shri Vijay Singh in Bhojpur (Bihar). (13/193/17-18)

11. Suo-motu cognizance with respect to burning and destroying copies of “Arunachal Times” (13/106/17-18).

12. Suo-motu cognizance with regard to summons to Editors and Publisher of “Dawnlit Post” by Itanagar Police. (13/2/18-19)

13. Suo-motu cognizance with regard to burning copies of a Daily Poknapham by BJP workers in Imphal (Manipur). (13/134/17-18)

14. Suo-motu cognizance with regard to assault on journalist-Shri Biplab Dey by timber smugglers in Meghalaya. (13/172/17-18).

15. Suo-motu cognizance with regard to attack on journalists at Ranchi on Jharkhand Foundation Day i.e. 15.11.2018. (13/128/18-19)

Agenda for the Inquiry Committee-I Meeting scheduled to be held on 26-27

June, 2019 at Hyderabad.

16. Suo-motu with regard to arrest of Shri G. Bala, Freelance Cartoonist by Tamil Nadu Police.( 13/121/17-18)

17. Suo-motu cognizance w.r.t. arrest of Shri Mohammad Subhan, Senior Journalist by the Telangana Police. (13/38/18-19)

18. Complaint of Shri K.R. Subramanian, Reporter, Journal Juttysuns, Madurai, Tamil Nadu against the Ministry of Information & Broadcasting & Government of Tamil Nadu. (13/74/17-18)

19. Complaint of Shri H. Yunas, President, Thendral News Editors Association, Puducherry against the Government of Puducherry (13/130/18-19)

20. Complaint of Shri P. Sridhar, Vice-President (Advtg. & Mktg.), Jagati Publication Ltd. (Sakshi Daily), Hyderabad against Information & Public Relations Department, Govt. of Andhra Pradesh. (13/47/18-19)

21. Complaint of Shri B.R. Sharan Kumar, Editor, www.racingpulse.in, Bangalore against Bangalore Turf Club Ltd., Bangalore. (13/164/18-19).

Agenda for the Inquiry Committee-II Meeting scheduled to be held on 8-9 July, 2019 at

Patna.

22. Suo-motu cognizance with regard to death of Sh. Chandan Tiwary, Journalist, Aaj in Jharkhand.( 13/125/18-19)

23. Complaint of Shri Pranab Sarkar, Secretary, Tripura Journalist’s Union, Agartala (West Tripura) against Department of Information & Cultural Affairs, Government of Tripura.(13/147/17-18)

http://www.racingpulse.in/

24. Complaint of Mizoram Journalists’ Association, Aizawal (Mizoram) against Assam Police.( 13/31/18-19)

25. Complaint of Shri Vinay Kumar, Reporter, Prabhat Khabar, Khagaria (Bihar) against Shri Kamal Singh, District Public Relations (DPRO), Khagaria (Bihar). (13/166/17-18)

26. Suo-motu cognizance with regard to restriction on media from entering centres of Parliamentary Election Area in Gorakhpur(U.P) (13/188/17-18)

27. Complaint of Shri Sanjiv Nayan, Editor, Samachar Varsha, Palamu against SDM, Sadar Medininagar, Palamu. (13/9/17-18)

28. Complaint of Shri Sanjay Kumar Singh, Bureau Chief, Pratah Kamal, Bihar against Police Station Incharge, Shri C.B Shukla(13/64/17-18)

29. Complaint of Shri Sanjeev Gupta, Correspondent, Prabhat Khabar, Katihar through Indian Journalist Association, Patna against Shri Neeraj Kumar Yadav, MLA, Barari, Katihar and Police Authorities. (13/47/17-18)

30. Complaint of Shri Ravish Kumar Mani, Reporter, Tarun Mitra, Patna against police authorities. (13/158/18-19)

Press Council of India S. No. 1 F.No.13/39/18-19-PCI. Suo-motu cognizance with regard to murder of Shri Shujaat Bukhari, Editor-in-Chief, Rising Kashmir.

Adjudication dated 22.8.2019 Facts The Press Council of India has come across through various news reports regarding murder of Shri Shujaat Bukhaari, Editor-in-Chief, Rising Kashmir. It has been reported in the news that a senior journalist and chief editor of popular Kashmiri newspaper was killed by unidentified gunmen in a drive by shooting in Srinagar that put an already tense State on edge and led Chief Minister of J&K, Ms. Mehbooba Mufti to describe the attack as a “new low for terrorism”. A journalist for three decades, he had worked for 15 years at The Hindu and was known in the state and the rest of the country as a important Kashmiri voice. Shri Bukhari was an advocate of a peaceful resolution of the Kashmir issue and was instrumental in organising several conferences involving former Diplomats and Generals from India and Pakistan. Shri Bukhari was a contributor to Frontline magazine. While taking suo-motu cognizance of the matter, a Report on facts of the case was called for from the Government of Jammu & Kashmir on 15.6.2018. Hon’ble Chairman also constituted a Fact Finding Committee comprising of PCI’s Members, Shri Parvat Kumar Dash, Shri Ashok Upadhyay and Dr. (Prof.) Sushma Yadav to inquire into the matter and submit report. Report of the Fact Finding Committee The Fact Finding Committee visited Jammu & Kashmir and interacted with various media organizations and family of Shri Shujaat Bukhari and felt that the security lapse was one of the major causes of the murder. The festival of Eid was near and the enforcement of security was reduced. When Shri Bukhari was attacked by assailants, the number of security enforcement was less in comparison to other days. Shri Bukhari was provided five security personnel but Shri Bukhari himself permitted three security personnel to avail leave. When the incident occurred there were only two security personnel with Shri Bukhari. One personnel was driving the car and another was giving him security cover. Three assailants rushed towards the car and fired from sophisticated weapons from three sides. The Fact Finding Committee has recommended that-

1. The administration should take all necessary steps to find out and nab the killers of Shri Shujaat Bukhari.

2. The Security arrangements at Press Enclave should be beefed up. 3. The administration and legislature should seriously consider to enact a special

law for the safety of journalists, on the lines of one enacted by the Govt. of Maharashtra.

4. In case of any disputes on publisher matters, the administration should approach the PCI instead of writing for sources and for remedial measures, directly to the Media House.

5. The Information & Public Relations Department (I&PRD) should be in touch with the journalists and media houses more regularly and should interact with them more often.

6. The I&PRD should educate the journalists working on field through Group Meeting, Seminars and workshops regarding the Norms of Journalistic

Conduct, enacted by the PCI and all Media Houses should be supplied with the photocopies of the same at the earliest.

7. The I&PRD should convene a meeting of journalist Unions immediately and the reporters should be made aware of the Norms of Journalistic Conduct, specially at the time of Conflict Reporting or reporting from the area of Operations.

8. The Media Houses should categorically be told to supply specific dress/jacket to the working journalists with Media/Press embosses on it, while on the field.

9. The administration should react immediately to the request for protection by a journalist after assessing the quantum of the thrat and necessity.

10. The State Working Journalists Welfare Fund Committee should be reconstituted immediately, having representation from all journalist Unions. More minimum Welfare Measures should be introduced as soon as possible to gain over the goodwill of the working journalist, such as below: a) Family Health Insurance Scheme b) Speedy disposal of accreditation applications c) More lenient accreditation policy. d) Free travel passes in State Transport Buses to the accreditated journalists. e) Free Medical Treatment for all working journalist.

The Report submitted by the Committee was placed before the Council in its meeting held on 26.9.2018 at New Delhi and the Council while accepting the Report directed the Secretariat to forward it to the appropriate authority for necessary action. Accordingly, the Report was forwarded to the Government of J&K on 19.11.2018 for necessary action. Report filed by Superintendent of Police, Srinagar

The Superintendent of Police, City East Zone, Srinagar vide his status report dated Nil has informed that an FIR No.51/2018 dated 14.6.2018 was registered in Police Station Kothibagh, Srinagar against five accused namely (i) Zubair Qayoom Bhat (ii) Muzafar Ahmad Bhat (iii) Azad Ahmad Malik @ Dadda (iv) Naveed Jat and (v) Sheikh Sajad Gul. It has been stated that a Special Investigation Team was constituted by Inspector General of Police, Kashmir. The Accused No.1 has been arrested on 15.6.2018 and challaned on 25.9.2018 before the Hon’ble Court of Chief Judicial Magistrate, Srinagar and is presently lodged in Central Jail, Srinagar. It has been further stated that the accused, Naveed Jat was killed in an encounter at Chadoora Budgam on 28.11.2018 and another accused Azad Ahmad was killed in encounter at Takiya Maqsood Shah, Bijbehara Anantnag on 23.11.2018. It is further reported that accused Shri Sheikh Sajad Gul is presently in Pakistan. It has been also stated that the main accused Muzaffar Ahmad Bhat is to be arrested by the concerned SHO and other sister agencies.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 27.5.2019 at

New Delhi. Murder of Mr. Shujaat Bukhari, Editor-in-Chief of Rising Kashmir is the subject matter of this suo motu inquiry. In view of the gravity of the matter, the Council appointed a Fact Finding Committee. The Committee so appointed visited Srinagar and met people from different walks of life and submitted its report.

The observations of the Committee are as under:

“While interacting with the media organisation, it was very much visible that every journalist was living in fear. In fact, many of them complained that the local security agencies are not providing sufficient security cover to the journalists. In this circumstances, they are finding it difficult to work freely.

After the discussion with the security officials, PCI team felt that there should be security review and concerned journalist must be consulted and taken into confidence.”

The Inquiry Committee has perused the reply filed by the respondent. Mr. Zia-Ul-Rehman, Senior Prosecuting Officer appeared on behalf of the State Government and states that the investigation in respect of murder of Mr. Bhukari will be concluded shortly.

The Inquiry Committee directs that a copy of the report of the Sub-Committee be forwarded to the Government of Jammu & Kashmir for taking such steps as are necessary, so as to ensure that the journalists discharge their legitimate journalistic activity without any impediment.

The Inquiry Committee drops the proceeding with the observation aforesaid.

Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to drop the proceedings in the matter.


S.No. 2 File No.13/90/16-17-PCI.

Suo-Motu cognizance with regard to attack on journalists by the CRPF in Jammu & Kashmir.

Adjudication dated 22.8.2019

Facts:

Shri K. Amarnath, Former Member, PCI vide email dated 10.8.2016 drew the attention of the Council towards attack on journalist by the Central Reserve Police Force (CRPF) in Jammu & Kashmir. According to him, the CRPF jawans allegedly beaten several photo-journalists at Semthan Bijerbehara in Anantnag district in Kashmir while covering protest there as would be evident from a delayed report appearing in some Srinagar based newspapers and Hindustan Times. Shri Amarnath has informed that Shri Muneeb-Ul-Islam, who works with Kashmir Reader and Daily Roshni, alleged that the CRPF men also used him as a shield. Shri Islam added that first the CRPF troopers thrashed him and then put him ahead of them so that he gets hit by stones. As per the reports, the photo journalists went there to cover an encounter between the CRPF and some militants holed up at a plant nursery. Some youth came out in support of the militants and started throwing stones at the CRPF men. The security force used the photo-journalists as shields against the stones. Shri Amarnath has alleged that the action of the CRPF is an attack on the freedom of press and requested the Council to take suo-motu cognizance of the case and take suitable steps urgently to save the journalists.

A Report on facts of the case was called for from the Director General, CRPF, New Delhi and the Special Director General, CRPF, Jammu on 12.8.2016.

Reply of Director General dated 23.9.2016 & 10.7.2017, CRPF, New Delhi

In response to Council’s letter dated 12.8.2016, Shri Yogyan Singh, DIG (Ops-II), Directorate General, CRPF, New Delhi vide his report dated 23.9.2016 submitted that the subject matter was enquired and it has emerged that no person, present at site i.e. Semthan, Bijebehara in Anantnag district of J&K, misbehaved/beaten by the CRPF troops deployed in the area to control the violent mob. According to the respondent, the enquiry further revealed that none of them disclosed their identity that they are from press or media while the troops were controlling the violent mob of stone pelters. The matter was also enquired from the concerned police station i.e. Bijbehara and they have also denied and confirmed that no such incident of attack on journalist took place on 8.8.2016 and no complaint/FIR was lodged in this regard. He has submitted that the CRPF always strives to help the public whenever they are in need and is proficient enough to control such violent agitation. He has stated that the allegations levelled by the photo journalists against CRPF are unfounded.

Another reply dated 10.7.2017 on behalf of the respondent has been filed by Shri Yogyan Singh, DIGP (Ops-ii), Dte. Genl., CRPF, New Delhi, wherein,he submitted that allegations levelled in the complaint are false and vexatious as the same are not supported by substantial evidence and have been levelled only with a view to tarnish the image of the members of the CRPF. The matter was enquired and it has emerged that none of the persons, as alleged, was present at the relevant time.

He further submitted that as far as beating of journalist is concerned, it appears to be an attempt to exploit a non-existent issue by the concerned journalist and at the same time defame the force. It is the onus of the journalist to prove as to how and when the incident took place and who all were involved in the matter and why proper channel was not used to bring the culprit to book for the offence. He has further submitted that the matter is also enquired from the Bijbehara Police station, who in turn denied and confirmed that no such incident of attack on journalist took place on 8.8.2016. In view of the same, he requested the Council to dismiss the matter.

Communication dated 1.9.2016 received from CRPF

A copy of Letter dated 1.9.2016, addressed to the Commandant 90 BN.,CRPF, by the SHO, Semthan Bijerbehara, J&K, has been filed by the CRPF before the Inquiry Committee at the time of hearing held on 12.7.2017. It states that on 8.8.2016 protests erupted at village Semthan and a case was registered U/S 307,147,148,149, 332,341,427,152 in Police Station Bijerbehara and the investigation of the case is in process. No report of beating up of the photo journalists at Semthan was reported to Police Station.

A copy of the letter has been forwarded to the concerned journalist on 11.8.2017

Report of Commandant-40 Battalion

Shri Ashu Shukla, Commandant-40 Battalion, Investigating Officer, filed a report in journalist’s case in which he submitted that Shri K. Amarnath, Member, PCI, did not give his statement in this matter even after mailing him on 7.9.2017. He further submitted that the concerned journalist, Shri Muneeb-Ul-Islam, neither filed any FIR in this regard nor did he present any medical report of his treatment. He submitted that the journalist could apprise neither name nor CRPF unit of the man who allegedly assaulted him. The journalist presented a photograph which is not apparent and does not have any relation with the matter. The S.H.O of Police Station Brijbehara, Anantnag, through his letter no. 1547/5A/PSB/2016, which is addressed to Commandant-90 Battalion, apprised that no complaint related to assault on journalist was filed on 8.8.2016. he further submitted that according to Shri Shivalik Prasad’s letter dated 28.8.2016, responsible for deploying CRPF men, there was no deployment of CRPF men at Semthan on 8.8.2016. Therefore, it is clear from the above fact that journalist statement of using him as a shield against stone pelting is baseless and all have been done to tarnish the image of the CRPF.

Written Statement of Shri Muneeb-Ul-Islam

Shri Muneeb-Ul-Islam, Photo Journalist, Roshni Daily in his statement before Shri Ashu Shukla, Commandant-40 Battalion, CRPF, on 12.9.2017 submitted that on 8.8.2016, when he along with his friends reached Bribehara, they came across some information that few people were pelting stone on CRPF men. He further stated that when they moved towards Semthan, few CRPF men stopped them citing of stone pelting there. Meanwhile, Shri Muneeb-Ul-Islam and his friends captured some photos of the scene but CRPF men asked them to delete the pictures. He further submitted that when he was about to delete photos, a CRPF man started assaulting him and used as shields against the stones. Later, some CRPF men saved him and the matter was apprised to the Police Commissioner of J&K. He stated that his friends

Mohammad Aabid and Shri Shafafat Meer were with him at the time of the attack but he is not able to contact Mohammad Aabid.

Communication of Shri Muneeb-Ul-Haque

Shri Muneeb-Ul-Haque, Editor in Chief, The Varmul Post, vide email dated 19.9.2017 apprised the Secretariat about the situation taking place between Sopore Police authorities and Varmul Post Journalist. He submitted that the issue of manhandling with one of his photojournalists was taken up by the local journalists’ body with Police Officials of Sopore. He further thanked PCI for its involvement and strong support which has been critical in their discussion with Police Officials. As a result of these discussions, the situation was resolved amicably and in good faith. The Police also assured the journalists’ body of being diligent in future. He has requested the Council that the case should be deemed as resolved by Hon’ble PCI so that the Press and Police can work together for the betterment of the society.

The I.C. vide its Order dated 12.7.2018 had directed to hold an Inquiry in which version of the concerned journalists be recorded with respect to assault by the men of CRPF. The I.C. did not approve the Report submitted earlier on the ground that during the course of Inquiry the victim journalist was not examined. Thereafter it seems that the photo-journalists who were allegedly assaulted have been examined and the Commandant of the CRPF who had examined those journalists has come to a conclusion. Although, the same is on record but it has not been endorsed by any Senior Officer of the Force.

Communication dated 19.7.2018 received from DIG, CRPF

Shri Dhiraj Kumar, DIG (Ops-II), Dte, CRPF vide communication dated 19.7.2018 has reiterated the facts earlier submitted by the CRPF. He further informed that Shri Muneeb-ul-Islam deposed his statement before the inquiry Officer while Shri Kamran Yusuf did not turn up. Another journalist Shaffat Mir, whose name is not in the complaint, also deposed his statement in the inquiry. No evidence has been put forth by any of them in support of the allegations. The Inquiry Officer has concluded that in the absence of any evidence it cannot be established that any such incident took place on 8.8.2016. In view of the above, the allegations levelled by the photo journalists against CRPF are unfounded and denied. Further, he has requested to close the proceedings in the matter.

The Inquiry Committee vide its further Order dated 26.6.2018, 22.10.2018 and 14.2.2019 called upon the Director General of the CRPF to examine the said report and file its independent findings to the Inquiry Committee.

Report dated 6.3.2019 filed by the Director General of the CRPF

Shri Rajeev Rai Bhatnagar, Director General, CRPF vide letter dated 6.3.2019 has forwarded a Report in the matter. He submitted that to examine the veracity of the case, a field Commandant of 40 Bn., CRPF was detailed to enquire into the matter in detail. Accordingly, Commandant 40 Bn CRPF examined the complainants through the troops present at deployed site/area i.e. Semthan, Bijbehara, Anantnag (J&K) and also recorded the statements of the complainants. As per fact finding probe, it has emerged that CRPF troops were deployed at Semthan, Bijbehara, Anantnag (J&K) to control the violent mob of stone pelters. During their duty no photo-journalists approached the troops by displaying their

identity that they are photo-journalists. The version of the complainants has also been recorded during the enquiry. After taking all the statements into account the fact that photo-journalist Mr. Muneeb-Ul-Islam and Mr. Kamran Yusuf have been beaten/misbehaved by CRPF could not be established. Thus, the allegations levelled by the photo-journalists Mr. Muneeb-Ul-Islam and Mr. Kamran Yusuf against CRPF are not substantiated and unfounded in the enquiry report.

A copy each of the aforesaid Report has been forwarded to Mr. Muneeb-Ul-Islam, Photo Journalist and Shri K. Amarnath, (currently Former Member), PCI for information on 15.3.2019 and 19.3.2019 respectively. Report of the Inquiry Committee

The matter came up for hearing before the Inquiry Committee on 27.5.2019 at New Delhi. Shri K. Amarnath, Former Member, PCI appeared on behalf of concerned photo journalists while Shri Anil Thakur, Assistant Commandant, CRPF along with Shri Dharmendra Kumar Pandey and Shri Baban Sharma, Advocates represented the respondent authority (CRPF).

The alleged assault on a journalist by the men of the CRPF is the subject matter of this suo motu inquiry.

Earlier, the Director General of CRPF was directed to record its independent finding. The Director General has done so and affirmed the finding. The Inquiry Committee does not find any material to take a different view.

Accordingly, the Inquiry Committee drops the proceedings.

Held The Press Council on consideration of records of the case and Report of the

Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to drop the proceedings.


S.No. 3 File No.13/159/17-18-PCI.

Complainant Respondents

Shri Pradeep Kumar Srivastava, The Assistant Regional Manager,

District Correspondent, U.P. State Road Transport

Dainik Lokmitra, Corporation,

Faizabad (U.P.). Faizabad (U.P.)

The Assistant Regional Manager,

U.P. State Road Transport

Corporation, Akbarpur,

Faizabad (U.P.)

Shri Prakash Yadav, Bus Conductor, U.P. State Road Transport, Corporation, Faizabad (U.P.)


Facts

This complaint dated 1.11.2017 has been filed by Shri Pradeep Kumar Srivastava, District Correspondent/Accredited Journalist, Dainik Lokmitra, Faizabad (U.P.) against Shri Prakash Yadav, Bus Conductor, U.P. State Road Transport Corporation (UPSRTC) for allegedly misbehaving and snatching his election pass. According to the complainant, when he boarded the bus from Faizabad Depot. to Bakarganj , the bus conductor, Shri Prakash Yadav asked him to take bus ticket for the journey. On being asked for the ticket, complainant showed his accreditation card to the conductor. The conductor termed the complainant “fake journalist” and asked him to pay half fare for the journey else threatened to get him down from the bus. The complainant alleged that the conductor misbehaved with him and also snatched his assembly election pass. The complainant wrote against the behaviour of conductor to the District Magistrate, Faizabad Superintendent of Police, Faizabad and the Assistant Regional Manager, U.P. Roadways Transport Corporation, Faizabad on 13.6.2017. On the direction of the Assistant Regional Manager, UPSRTC, Faizabad, the matter was investigated by the Assistant Regional Manager, Akbarpur, Faizabad. The complainant informed that the Bus-Conductor was directed to appear before the Assistant Regional Manager, Akbarpur, Faizabad vide his letters dated 22.6.2017, 10.7.2017, 21.7.2017, 14.8.2017, 31.8.2017 and 12.9.2017 but he did not appear. While levelling the allegations of threatening and pressurising for compromise against the Bus-Conductor, the complainant has requested the Council to take necessary action in the matter.

A copy of the complaint was forwarded to the Assistant Regional Manager, UPSRTC, Faizabad and the Assistant Regional Manager, UPSRTC, Akbarpur on 8.1.2018 for taking necessary action in the matter under intimation to the Council.

Reply of Assistant Regional Manager, Akbarpur

The Assistant Regional Manager, U.P. State Road Transport Corporation, Akbarpur vide his reply dated 23.1.2018 informed that an investigation report in the matter was sent to the Magistrate/Assistant Regional Manger, Faizabad and further necessary action would have been done at their level.

Reply of Assistant Regional Manager, Faizabad

The Assistant Regional Manager, U.P. State Road Transport Corporation, Faizabad vide his letter dated 30.1.2018 informed that the complaint filed against Shri Prakash Yadav, Conductor was investigated by the Assistant Regional Manager, Akbarpur and as per report submitted by him, allegation levelled against the Conductor could not be proved. Accordingly, the complaint was dismissed vide their Office Order No.83 dated 9.1.2018.

Report filed by Assistant Regional Manager, Akbarpur

The Assistant Regional Manager, Akbarpur vide letter dated 15.10.2018 filed a report in the matter. He submitted that the matter was investigated in six dates. The complainant along with his witness appeared before the Regional Manager only on 19.9.2018 and recorded his statements. Thereafter, the complainant did not choose to appear in next four meetings. Therefore, as per rules and regulations, the matter was investigated and a Report dated 27.10.2017 was sent to the D.M./Assistant Regional Manager, Faizabad, Faizabad Depot. The report revealed that a dispute was ensued between conductor and the complainant which can be confirmed by passengers and driver of the bus. The Report further states that it is not confirmed as to who started argument as the complainant has not chosen to appear in four consecutive dates of investigation. Therefore, the allegations against the conductor could not be proved.

A copy of the said Report was forwarded to the complainant vide Council’s letter dated 4.12.2018.

Communication received from the complainant

The complainant, Shri Pradeep Kumar Shrivastava vide letter dated 23.10.2018 has filed his submission. In his submission, he has stated that the Officers of the Department are trying to save their employee. He has further submitted that all the witnesses have accepted the fact that the conductor was asking the complainant to show Bus pass and other identity card. The complainant has submitted that he has not used offensive words against the conductor.

Report dated 8.2.2019 filed by Assistant Regional Manager, Akbarpur

The Regional Manager, Akbarpur forwarded a Report dated 8.2.2019 which had been filed earlier also. While reiterting the Report, he submitted that six dates - 28.6.2017,19.7.2017, 4.8.2017, 28.8.2017, 8.9.2017 and 20.9.2017 were fixed to investigate the matter. However, the complainant appeared in two dates only.

Accordinlgy, the matter was investigated and concluded Report No. 7158 dated 27.10.2017 was sent to the Regional Manager, Faizabad. He further submitted that the complainant was not happy with the investigation and furnished various allegations on the Officers who were investigating the matter. He submitted that due to his official work, he was unable to attend meeting on 14.2.2019.

Letter dated 18.4.2019 received from Assistant Regional Manager, Faizabad Depot

The Assistant Regional Manager, Faizabad Depot, U.P. State Roadways Transport Corporation, U.P. vide letter dated 18.4.2019 submitted that the Assistant Regional Manager, Akbarpur, U.P had forwarded a copy of the Order passed by Inquiry Committee in its meeting held on 15.2.2019 to his Office on 9.4.2019 . He further submitted that he was not present on earlier hearings as he had not received any communication from the Council.

It is submitted that the Council had issued Notice for hearing, Summons to the respondent to appear before Inquiry Committee by Regd. Post. The same have not been received back by the Secretariat.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 27.05.2019

at New Delhi.

Despite service of notice, the complainant has not chosen to appear. Mr. Kamal Ahmed, Mr. Nand Kishore Chaudhary and Shri Prakash Yadav are present. The Inquiry Committee has perused the complaint and all connected papers. Mr. Prakash Yadav, the concerned Bus Conductor accepts his mistake and assures that in future, he will not commit any such mistake. He expresses regret for the act done by him. In view of the aforesaid, the Inquiry Committee is not inclined to proceed in the matter any further.

The Inquiry Committee, accordingly, recommends for disposal of the complaint.

Held The Press Council on consideration of records of the case and Report of the

Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dispose of the complaint.


S. No.4 F.No.13/50/18-19-PCI.

Suo-motu cognizance with regard to registering case against the PUTHIYA THALAIMURAI TV Channel and its Reporter in Tamil Nadu.

Adjudication dated 22.8.2019 Facts

The Journalists of Coimbatore, Tamil Nadu addressed an undated letter to

Hon’ble Chief Justice of India along with an endorsement to Press Council of India intimating that on 8.6.2018 a debate was organized by PUTHIYA THALAIMURAI TV CHANNEL and when few speakers opposing the views of particular party, a group from the audience started to abuse the speakers in filthy words and raised slogans in obscene language and rushed towards the podium to attack them physically. The police officials initially did not try to prevent the mischief-mongers from disturbing the peaceful programme. The leader of the unruly mob, who also took part as one of the debaters, also encouraged the mischief-makers by conduct and speech and instigated them to carry out their sinister move. Thus after the situation became grim and alarming, the police intervened and prevented the unruly gang from indulging in physical attack on the speakers who boldly registered their voice of dissent. It has been further informed that due to their misbehaviour, the programme came to a grinding halt and the audience were left with no other option than leaving the hall in utter displeasure over the impatient and rude conduct of the persons who disturbed the program in pursuance of their pre-plan. It has been informed that the police on the behest of one of the political parties forced the owner of the hall to prefer a false complaint against “PUTHIYA THALIMURAI”TV CHANNEL and its Coimbatore Bureau Reporter, Shri Suresh Kumar and succeeded in registering two separate cases. The case registered in Peelamedu police station in Cr.no.964/2018, under Sections 153A, 505(1)(b) of IPC and Section 3(1) of (Tamil Nadu prevention of public property damage Act) is against the TV Channel organized the show and its staff Shri Suresh Kumar. Video was taken of the entire proceedings and it is evident from the above that the TV channel and its employee had nothing to do with the alleged offences. Registering a case on the basis of a false complaint is evidently an attack on freedom of expression guaranteed by the constitution. While taking suo-motu cognizance of the matter, Notices for Statement in Reply were issued to the Government of Tamil Nadu on 6.7.2018 followed by a reminder dated 4.9.2018. Reply filed by the Inspector of Police, Coimbatore

Shri V.Selvaraj, Inspector of Police, Intelligence Section, Office of the Commissioner of Police, Coimbatore City vide Report dated 25.5.2019 has

submitted that two FIRs had been lodged at E-2, Peelamedu Police Station against (i) Mr. Sureshkumar, Correspondent of Puthiya Thalaimurai (under Sections 153(A), 505(1) (b) of IPC)and (ii) Puthiya Thalaimurai Television Channel (under Sections 153(A), 505(1) (b) of IPC also under Section 3(1) of Tamil Nadu Public Property Prevention and Damages of Loss, Act 1992) by one Shri Anandakumar, Manager of M/s. SNR Sons Charitable Trust, also incharge of the Auditorium attached to Marriage Hall. The Report states that both the accused stated above had sought permission to conduct a debate show name “ VATTA MESAI VIVADHAM” (Round Table Debate) in the SNR Auditorium Hall involving student society. The accused requested the Institution to provide Auditorium, but the SNR Sons Charitable Trust Authorities were not informed either directly or indirectly by the Puthiya Thalaimurai TV Channel authorities that there shall be participation of political personalities in the discussion and it will be open to the public audience. The SNR Sons Charitable Trust Authorities don’t allow any debates involving political parties. On that score the said permission was granted to the Puthiya Thalaimurai TV Channel.

As per the plan, the Anchor conducted the program on 8.6.2018. During the course of the heated debate, Mr. Ameer (Film Director) had vehemently quoted references to the Tuticorin Firings, Ayodhya Issues, Sensitive Murder of Sasikumar that ended in riot etc. which made the other group shout against him. On the other hand, a group encouraged his speech, resulting in personal attacks among the gatherings. The Police deployed there with their hectic efforts somehow controlled such tense situation. Subsequently, the SNR Sons Charitable Trust lodged a written complaint. The legitimate investigation and examination of witness made out a definite prima facie case against Puthiya Thalaimurai Television Channel and its founder Shri Sathyanarayanan. Both the registered case are pending before Hon’ble Judicial Magistrate. Meanwhile the accused petitioners sought anticipatory bail. Moreover, the management of Puthiya Thalaimurai Television Channel has approached the Hon’ble High Court of Judicature at Madras seeking to quash the petition. Such quash petition is presently pending before the Court of law. The Inspector of Police has requested the Council to drop the proceeding in the matter.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 27.5.2019

at New Delhi. Shri T.A. Selvaraj, Shri Rajiv M. Roy, Advocates and Shri V. Selvaraj, Inspector of Police represented the Govt. of Tamil Nadu. Shri V. Venkatesan and Shri B. Sudhir Kumar, Advocates represented the Puthiya Thalaimurai Television Channel.

Physical violence during the debate of a news channel is the subject matter of this suo-motu inquiry.

It is common ground that the concerned news channel has approached the High Court for quashing of the prosecution. As the subject matter of the inquiry is subjudice before the Court of law, the Inquiry Committee is not inclined to proceed in the matter any further.

The Inquiry Committee, accordingly, recommends for disposal of the complaint.

Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dispose of the complaint being sub-judice.


S. No.5 F.No.13/149/18-19-PCI.

Suo-motu cognizance with regard to restriction on Media in Kerala : Prior permission required to interact with VIPs

Adjudication dated 22.8.2019 Facts

The Press Council of India came across a news report appeared in the Mathrubhumi under the caption “Media restriction in Kerala; prior permission required to interact with VIPs”. It is reported in the impugned news report that the government issued an order imposing strict restriction on media interaction with Chief Minister, other ministers and celebrities within the secretariat and on public venues outside. The order was issued by the Additional Chief Secretary (Home), Shri Subrata Biswas. The media has been restricted forcefully from taking responses from the Chief Minister and other ministers at public events. The media will be allowed to interact with VIPs only if they get prior appointments. The media will be allowed to enter only those places determined by the Public Relations Department (PRD) at the event venues.

While taking suo-motu cognizance of the matter, Notices for Statement in Reply were issued to the Government of Kerala on 4.1.2019 followed by reminder dated 8.4.2019. Report filed by Govt. of Kerala The Director incharge of Information & Public Relations Department, Thiruvananthapuram, Govt. of Kerala vide Report dated 23.5.2019 submitted that the Govt. of Kerala has neither any intention to impose restrictions on media interaction with Chief Minister, other Ministers and celebrities within the Secretariat or on public venues outside nor issued any order to that effect. The Report further states that a circular, not a Govt. Order for steamlining the interation of media with the Chief Minister, Cabinet Ministers and Govt. officials was issued to ensure better coordination with media. Later, based on protests from various corners, Govt. re-examined the matter and have issued modified guidelines. The present circular is an earnest effort to avert situation so that all the media are provided with equal and fair opportunities to get Govt. information and News.

Report of the Inquiry Committee

The matter came up for hearing before the Inquiry Committee on 27.5.2019 at New Delhi. Mr. N.P. Santhosh and Ms. Thomas appeared on behalf of the Govt. of Kerala and stated that accredited journalists are allowed entry without any pass to collect information from the Secretariat. Those journalists, who do not have the accreditation card are also allowed entry after obtaining the entry pass.

In view of the aforesaid statement, the Inquiry Committee is not inclined to proceed in the matter any further and recommends for disposal of the complaint.

Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dispose of the complaint.


S. No.6 F.No.13/80/18-19-PCI.

Complainant Respondent

Shri Samir Paul, The Chief Secretary, Editor/Publisher, Government of Tripura,

Daily Desher Katha, Agartala. - Agartala (Tripura)

The Secretary, Home (Police) Department,

Government of Tripura, Agartala.

The Director General of Police,

Tripura, Agartala.


Facts:

This complaint dated 29.6.2018 has been filed by Shri Samir Paul, Editor/Publisher, Daily Desher Katha, Agartala, Tripura against the workers of Bhartiya Janta Party (BJP) and anti-social elements for allegedly creating hurdle in distribution of his newspaper. According to the complainant, Daily Desher Katha was initially owned by Tripura State Committee, CPI(M). In the year 2012 ownership of the newspaper has been changed and since then it is being published by Daily Desher Katha Society. The complainant has further stated that the latest Tripura Legislative Assembly election were held in February 18 last and counting of votes took place on March 3, 2018. In the election, BJP and its electoral ally Indegenous People’s Front of Tripura (IPFT) secured majority unseating CPI(M) led Left Front Govt. which was running the Government since 1993 continuously. Since declaration of Legislative Assembly election results, workers and supporters of BJP captured all the motor transport depots in state capital Agartala and all the motor transport depots in the Districts and Sub-Divisions of the State. According to the complainant, BJP workers and supporters running the motor transport depots with a view to silence the Daily Desher Katha resorted to fascistic attack at the instance of their leadership. They have illegally banned his newspaper and refusing to carry packets of the newspaper in different destination of the State. As a result, thousands of subscribers of his newspaper have been deprived of their fundamental right of information that they were getting through his newspaper. The complainant has further stated that in the capital town Agartala and other towns, BJP workers threatening hawkers not to distribute his newspaper. The complainant has stated that the Tripura Railway network is very small and people of the State depends upon motor transport as the mode of communication. The BJP workers and supporters creates hurdle and prevent them to carry, distribution and sale of aforesaid newspaper due to which as many as 447 number of agencies have closed and leading to reduction in distribution

and sale of 43,386 number of copies daily. Due to this act of the respondents, the income of more than 1000 people, who are dependent upon agency’s commission and hawkers wages, have been stopped. Thus large numbers of people have lost their livelihood. The complainant has submitted that on May 8, 2018 his newspaper agency’s packet of Teliamura containing 105 copies was snatched by BJP Workers near Karailong Higher Secondary School while the packet was being taken from Teliamura Rail Station to Sub Divisional CPI(M) office for distribution. According to the complainant, BJP workers forced Shri Swapan Dey, agent of his newspaper to burn all the copies of newspaper and he burnt copies under death threat. FIR was lodged in this regard to Teliamura police station by the then Sub Divisional Secretary. The complainant also submitted that one new agency was opened with the help of a motor driver at Mohanpur in West Tripura District secretly. Local BJP MLA and the Minister Incharge of Law and Education Sri Ratan Lal Nath called the motor driver and asked him to stop carrying packets of his paper and threatened him that otherwise his dead body will be found. He was also threatened by the Minister not to make any complaint with the police.

The complainant requested the Council that fundamental rights guaranteed under Articles 14, 19(a)(a), 19(a)(g) and right under Articles 300A be protected by directing the State Government to ensure safe distribution and selling of the newspaper freely all over the state without any obstruction from any quarter including the supporter of party in power and also take appropriate steps against the offenders who have prevented circulation of the aforesaid newspaper. Notices for Comments dated 27.8.2018 were issued to the Government of Tripura on 27.8.2018 followed by reminder dated 9.4.2019. Report filed by Govt. of Tripura

Shri Subrata Chakraborty, Asst. Inspector General of Police, Govt. of Tripura has filed a Report dated 8.11.2018 in the matter. It has been stated in the Report that after declaration of result of Tripura Assembly Election-2018, there is no complaint or allegation received by the PSs against the BJP workers and anti-social elements regarding distribution, carrying packets of Daily Desher Katha newspaper by the public vehicle. However, OC PSc are instructed to take strong steps against any anti-social elements if any allegation reported about the matter. The report further stated that it is a general type of allegation. The complainant may be advised to lodge a specific complaint, if any, to concerned police station. It is also not clear if affected party had approached a local PS.


New Delhi. Shri R.S. Lakshman, Advocate appeared on behalf of the complainant. Shri Shuvdeep Roy, Advocate represented the State Govt. of Tripura.

It is the allegation of the complainant that the miscreants had restricted the distribution of the Daily newspaper, Daily Desher Katha and compelled the vendor to set on fire the copies of the daily newspaper. A copy of the report submitted by the Additional Secretary of the Home Department to the Government of Tripura had been annexed with the letter of the State Government dated 22nd April, 2019. It had been stated in the letter that there was no complaint received in the Police Station making allegation against the BJP workers and anti social elements in restricting the distribution of “Daily Desher Katha” newspaper. In the said letter it has been further

stated that the Officer In-charge of the Police Station has been instructed to take strong steps against any anti social elements.

The Inquiry Committee has perused the complaint and finds that there is a letter addressed to the Officer In-charge of Teliamura Police Station on 8.5.2018 in which the act of restricting the distribution of the newspaper and setting those on fire have been mentioned. As the said letter discloses commission of a cognizable offence, the Inquiry Committee directs the Director General of Police to ensure registration and investigation of the case and submission of Report as early as possible. The Director General of Police and the Chief Secretary of the State shall further ensure that the distribution of the newspaper is no way hindered by anti social elements and members of any Political Party.

With the aforesaid directions, the Inquiry Committee disposes of the matter.

Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dispose of the complaint with the aforesaid directions.


S. No. 7 F.No.13/173/18-19-PCI.

Suo-motu cognizance with regard to assault of journalists in Tripura


Facts The Press Council of India came across the news item published in The Hindu

on 30.1.2019 under the caption “Tripura Govt. directs DGP to probe attack on journalists”. It is reported in the impugned news item that the Tripura Government directed the State Director General of Police to probe the assault on two journalists, reporting on narcotic smuggling, in the past two days. The order came in the wake of allegations that members of a paramilitary force were involved in the incident. It is further reported that Shri Asish Chakraborty, reporting for popular vernacular daily Dainik Sambad, was assaulted and intimidated in Khowai, while Sadek Mia, a freelancer working for an electronic channel, was attacked after being kidnapped from a border location in Sonamura. It has also reported that there is a numerous cases of attack and intimidation of journalists.

While taking suo-motu cognizance of the matter, Notices for Statement in Reply were issued to the Government of Tripura on 31.1.2019 Reply

Shri S. Chaudhuri, Addl. Secretary to the Govt. of Tripura, Home Department vide his reply dated 30.3.2019 has informed that detailed report of both the incidents was sought from the Director General of Police, Tripura, who intimated that on 27.1.2019 at 1100 hrs Shri Ashish Chakraborty working for Dainik Sambad appeared at Khowai Police Station and submitted a written representation to the fact that on 27.1.2019 morning some unknown persons came near to his house by a Wagon-R vehicle and asked a local shopkeeper regarding exact location of his house and left. Khowai Police Station started an investigation on the fact under Section 157 Cr.PC. During enquiry, it has been revealed that on 27.1.2019 at about 8:45 hrs some unknown persons (3/4) came in front of the shop of one Suman Bhattacherjee located at T.K.D.K. Road by a white colour Wagnor-R vehicle. Out of them, one person came out from the car and asked Suman Bhattacherjee about the exact location of the house of Shri Ashish Chakraborty. Accordingly, Suman Bhattacherjee showed the house of Shri Ashish Chakraborty. Then they left that area towards Subhash Park. However, during investigation it revealed that the complainant never received any threat phone calls, SMS message regarding his reporting of various crime/criminal/ anti-social activities. He neither received any direct threat from any person and nor cognizance offence detected.

It has been further intimated that on 27.1.2019 at evening a group of paramilitary forces moving in a plate less number vehicle, physically assaulted Shri Sadek Miah and snatched away his handy-camera and mobile phone and also threatened him with dire consequences for chasing their vehicle. Shri Sadek Miah was taken in an ash colour private vehicle and then after some time they left him somewhere after Motinagar Market on Sonamura-Boxanagar Road. Due to the assault, the Shri Miah sustained internal injuries and was admitted at Community Health Centre, Sonamura for getting medical aid. In this connection, a case was registered vide Sonamura Police Station Case No.2019SNM005 dated 28.1.2019 under Section 341/325/384/506/34 IPC. During investigation, Investigation Officer of the case visited the place of occurrence, examined and recovered the statements of the witnesses under Section 161 Cr.PC and established that on 27.1.2019 one officer had came to visit Nirmahal (Rudrasagar) and after his visit at Rudrasagar he had paid a short visit to the Sub-Divisional Police Officer, Sonamura who was present at Melagarh Police Station and thereafter, he left in a while vehicle. It has been further stated that the SDR and the tower locations of the sought mobile numbers are yet to be received from the concerned Service Providers. The call details are awaited to ascertain the presence of that vehicle and the suspected accused persons at the place of occurrence. It has been informed that the investigation of the case is under progress and is under the supervision of Sub-Divisional level. The case is pending for the non-receipt of SDR and tower location of the mobile numbers.

Report of the Inquiry Committee

The matter came up for hearing before the Inquiry Committee on 28.5.2019 at New Delhi. Mr. Shuvodeep Roy, Standing Counsel of the State of Tripura appears on behalf of the Government. Assault on journalists in Tripura is the subject matter of this Suo-motu inquiry. From the reply dated 30th of March, 2019 of the Additional Secretary to the Government of Tripura, Home Department, it appears that Sonamura Police Station case No. 2019SNM005 dated 28th of January, 2019 under Section 341/325/384/506/34 of the Indian Penal Code was registered for physical assault and other offences on Shri Sadek Mia. From the report, it appears that the case is still under investigation. In the facts and circumstances of the case, the Inquiry Committee is of opinion that the respondent takes appropriate steps to conclude the investigation within 3 months from the date of this Order. The Inquiry Committee is of the opinion that the early conclusion of the investigation shall generate confidence in the community of the journalists. The Inquiry Committee directs for disposal of the complaint with the aforesaid directions. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dispose of the complaint.


S. No. 8 F.No.13/9/18-19-PCI.

Suo-motu cognizance with regard to attack on journalists by Trinamool Congress activists in West Bengal


Facts

Press Council of India has come across through various news reports regarding attack on journalists in West Bengal. It has been reported in the news reports that a news photographer of The Times of India, Shri Biplab Mandal was stripped for reportedly trying to click a picture of Trinamool Congress activists capturing the South 24-Parganas District Magistrate’s office in Kolkata so as to prevent opposition candidates from filing nominations for the Panchayat polls. It has been further reported that several other journalists were also beaten up. According to the news reports, Shri Mandal was forcibly undressed, illegally confined and beaten while other journalists and photojournalists were attack in Alipore, Kolkata on April 9, 2018 when they were covering filing of nomination for the Panchayati Polls. No Reply A Report on Facts of the case was called for from the Government of West Bengal on 13.4.2018 but no response has so far been received despite issuance of reminder dated 29.5.2018. The Editor, Times of India was also requested on 13.4.2018 and 7.5.2018 to provide complete detail with regard to attack on their photojournalist, Shri Biplab Mandal but received no reply. Report of the Inquiry Committee

The matter came up for hearing before the Inquiry Committee on 28.5.2019 at New Delhi. Shri R.K. Khanna, Senior Advocate and Shri Pranenjit Das, Deputy Resident Commissioner represented the State Govt. of West Bengal. Smt. Neeloo Sherpa, IPS, Deputy Commissioner of Police represented the Police authority.

The Council took Suo-motu cognizance when it came to its notice that one Press Reporter, Shri Biplab Mandal was reportedly attacked by the activists of the Ruling Party, All India Trinamool Congress. The incident led to registration of Alipore, Police Station case No. 104 dated 11.4.2018 under Section 341/323/352/506 and 114 of the Indian Penal Code. From the Report of AC-IIISP dated 25.5.2019, it appears that investigation into the case is still in progress. The Inquiry Committee is of the opinion that the case of such nature ought not to have taken such a long time to investigate. The Inquiry Committee says no more as it will prejudice the investigation. The Senior Counsel appearing on behalf of the State Government of West Bengal states that investigation shall be concluded within 6 weeks.

The Inquiry Committee takes note of the aforesaid assurance and drops the

proceedings.

Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to drop the proceeding in the matter in wake of assurance given by the representative of State Govt of West Bengal.

PRESS COUNCIL OF INDIA

S.No. 9 F.No.13/79/17-18-PCI

Suo-motu cognizance with regard to deadly attack on a journalist of

Rashtriya Sahara, Shri Pankaj Mishra in Arwal District (Bihar)


Facts

A former Member, PCI has forwarded a link of “NDTV.Com” wherein a news report published on 7.9.2017 under the caption “Journalist Shot At, Robbed in Bihar. Attacker Arrested”. It has been reported that –

“A reporter working with Rashtriya Sahara, Mr. Pankaj Mishra was attacked and

robbed in Bihar’s Arwal district on 7.9.2017. He had been shot and is under treatment at hospital. One of the two alleged attackers, Shri Kundan Mahto, has been arrested. His accomplice Shri Ambika Mahto is on the run. Shri Pankaj Mishra was carrying Rs. one lakh in cash which he had withdrawn from the bank when he was ambushed. The attackers had blocked the road and when Mr. Mishra stopped his bike, they held him at gunpoint and tried to rob him, the police said. When he resisted, they opened fire and a bullet grazed his back. Shri Mananjay Sharma, the Chief of the Congress in Arwal said Mr. Mishra was also a leader of the local party unit. He also worked as a collection agent for the local branch of a state-run bank and runs a help centre at village, which helps people with various kinds of paperwork. Shri Mishra told NDTV that he knew the men who attacked him. While taking suo-motu cognizance of the matter, a Report on Facts of the case was called for from the Government of Bihar on 12.9.2017. Reply Shri Dilip Kumar Mishr, Superintendent of Police, Arwal (Bihar) vide his report dated 23.9.2017 has informed that on the complaint of Shri Pankaj Narayan Mishra (victim), a case No.62/2017 dated 7.9.2017 under Section 394 IPC and 27 Arms Act has been filed in Vanshi Police Station against (i) Shri Ambika Kumar and (ii) Shri Kundan. He has further informed that the allegation levelled by Shri Mishra in the FIR against the accused regarding looting and shooting him found correct in the investigation. According to him, one accused Shri Kundan Kumar was arrested and sent to judicial custody on 8.9.2017 and the Vanshi Police Station was also directed for arresting another accused-Ambika Kumar. He has stated that the case is under investigation. Vide Council’s letter dated 1.6.2018, the Superintendent of Police, Arwal was requested to intimate the present status of the case but no response has been received.

The Editor, Rashtriya Sahara, Patna was also requested to provide detail of the incident. Letter dated 9.5.2019 received from Rashtriya Sahara Shri Om Prakash Ashak, Editor, Rashtriya Sahara vide letter dated 9.5.2019 has submitted that the incident happened with Shri Pankaj Narayan Mishra does not have any connection with Rashtriya Sahara. He is not even employee of Rashtriya Sahara. The Editor has further enclosed copy of F.I.R pertaining to this matter which shows that it is personal matter of Shri Pankaj Narayan Mishra. Letter dated 7.5.2019 received from Superintendent of Police, Arwal The Superintendent of Police, Arwal vide letter dated 7.5.2019 while reiterating the Report filed earlier has submitted that the prime accused, Shri Kundan Kumar, Arwal has been arrested on 8.9.2017 and sent to the judicial custody. Other accused, Shri Ambika Kumar, Arwal has surrendered before Hon’ble Court on 6.12.2017. A charge sheet with S.NO. 55/17 dated 30.11.2017 under Section 394 IPC and 27 Arms Act has been filed against Shri Kundan Kumar. Another charge sheet with S.No. 58/17 dated 31.12.2017 under Section 394 IPC and 27 Arms Act has been filed against Shri Ambika Kumar. No action is pending in the case. The case is under consideration before Additional District and Session Judge, Jahanabad. The S.H.O of the district has been directed to provide security to Shri Pankaj Narayan Mishra whenever he goes to withdraw money. Report of the Inquiry Committee

The matter came up for hearing before the Inquiry Committee on 28.5.2019 at New Delhi. Despite service of notice, nobody has chosen to appear on behalf of the respondent. Taking note of a news item that a journalist working with Rashtriya Sahara, Shri Pankaj Mishra was assaulted in District Arwal in the State of Bihar, the Council took suo-motu cognizance and called for the report. The Superintendent of Police, Arwal has submitted his report wherein he has informed that on the basis of the report given by the journalist himself, a case has been registered under Section 394 of the Indian Penal Code and Section 27 of the Arms Act. He has further stated that during the investigation, accused persons have been arrested and sent to judicial custody.

It is further relevant here to state that a communication had been received from the Editor, Rashtriya Sahara wherein he has stated that said Shri Pankaj Mishra had nothing to do with the newspaper and he is not its employee.

As the subject matter of the suo-motu inquiry has nothing to do with the journalistic activity, the Inquiry Committee drops the proceedings. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to drop proceedings in the matter.


S.No. 10 F.No.13/193/17-18-PCI

Suo-motu cognizance with regard to murder of two journalists namely, Shri Naveen Kumar Singh and Shri Vijay Singh in District Bhojpur (Bihar)


Facts

Press Council of India has come across various news reports regarding brutal murder of two journalists namely; Shri Naveen Kumar Singh and Shri Vijay Singh in District Bhojpur of Bihar on 25.3.2018. It has been reported in the news reports that two journalists riding a motorcycle were allegedly crushed to death by the husband of a former village headwoman under his SUV in Bihar’s Bhojpur district. The police arrested Ahmed Ali (Harsu) for the double murder. According to the news reports, while Shri. Naveen Kumar Singh, 45, was associated with a national Hindi daily Dainik Bhaskar, Shri Vijay Singh, 35, reportedly contributed to a local vernacular magazine. Police said Harsu had a heated argument with the two journalists over certain news reports in the market of Garahani, about 80 km from Patna, at around 8 pm on 25.3.2018. After the argument, Sh. Naveen and Vijay left the market on a motorcycle. An agitated Harsu followed them on his SUV and crushed them to death, a police officer said. It has been stated that the Patna Zone IG said an FIR has been lodged at Garahani police station. “An SIT led by Bhojpur Superintendent of Police has been formed to investigate the case”, the IG said, adding that forensic experts have lifted evidences from the spot. According to the news reports, quoting the FIR lodged by Sh. Naveen’s brother, Garahani Police Station’s SHO said Harsu had been nursing a grudge against Shri Naveen for writing against his family. The FIR has also alleged the involvement of Harsu’s son, Dabloo in the murder.

While taking suo-motu cognizance of the matter, a Report on facts of the case was called for from the Government of Bihar on 27.3.2018. Reply The Deputy Inspector General of Police, Bihar, Patna vide his reply dated 18.6.2018 has informed that a report of the case has been received from the Superintendent of Police, Bhojpur, who in his report has stated that on the written complaint of Shri Rajesh Kumar Singh (brother of Shri Naveen Kumar Singh) a case No.29/18 dated 302/427/34 IPC was registered in Police Station-Agiao (Gardhani) against Ahmed Ali @ Harshu Mian, Dabloo @ Asif Ahmed and two other unknown for allegedly crushing Shri Naveen Kumar and Shri Vijay Singh to death by an SUV car. During the investigation, allegation was found to be true and the prime accused, Ahmed Ali was arrested and produced before the court and other accused Dabloo @ Asif Ahmed surrendered on 28.3.2018 and sent to the judicial custody. The matter is under investigation at present.

The Editor, Dainik Bhaskar, Patna was also requested on 27.3.2018 to provide detail of the incident but no reply has been received despite issuance of reminder dated 9.5.2018. Report of the Inquiry Committee

The matter came up for hearing before the Inquiry Committee on 28.5.2019 at New Delhi. Mr. Murari appeared on behalf of the Superintendent of Police, Bhojpur, Bihar.

Murder of two journalists namely Shri Naveen Kumar Singh and Shri Vijay Singh in district Bhojpur in the State of Bihar is the subject matter of this suo-motu inquiry. Mr. Murari Prasad, Dy. Superintendent of Police, Headquarter, Bhojpur is present. He states that after the investigation, two persons have been charge-sheeted and the matter is pending before the court. In view of the aforesaid, the Inquiry Committee is not inclined to proceed in the matter any further. The Inquiry Committee, accordingly, recommends for disposal of the complaint. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dispose of the complaint.


S.No. 11 F.No.13/106/17-18-PCI

Suo-motu cognizance with respect to burning and destroying copies of “Arunachal Times”

Adjudication dated 22.8.2019 Facts:

The Press Council of India came across news reports of burning and destroying copies of the Arunachal Times by “The Adi Baane Kabang Youth Wing (ABKYW) in Arunachal Pradesh. It was reported that the ABKYW destroyed and burned copies of the newspaper and uploaded a video of it on social media. It has been further reported that the ABKYW has also banned the distribution of the daily in East Siang district and issued what it calls a Show Cause Notice on September 28. According to the report, the ABKYW has been critical of the daily for “ignoring their voice and not backing their demands”, while the newspaper maintained that it had remained neutral and covered all sides. It has been reported that the publication has lodged a complaint with the Police.

While taking suo-motu cognizance of the matter, a report of facts of the case was called for from the Government of Arunachal Pradesh on 23.10.2017.

The Editor, Arunachal Times, Itanagar was also requested on 27.10.2017 and 5.12.2017 to provide complete detail of the incident but received no reply.

Reply of Superintendent of Police, Itanagar

Smt. Shweta Chauhan, IPS, Superintendent of Police (Crime) PHQ, Itanagar, vide letter dated 29.12.2017 has informed the Council that as per inquiry conducted by Superintendent of Police, East Siang District, Pasighat, 10 newspaper vendors of Pasighat were examined and their statements were recorded and it has been concluded that the Adi Baane Kebang (ABK) youth wing had issued a call urging all citizens to boycott the daily newspaper “Arunachal Times” but there was no coercion of force. She has also submitted that no complaint of burning of newspaper or any kind of threat to any person for enforcing the ban has been reported anywhere in the State.

A copy of the reply has been sent to Arunachal Times on 29.1.2018 with a request to provide a detailed report of the incident but received no reply.


New Delhi. Shri K. Amarnath, Former Member, PCI and Shri Amar Sangno, Sub Editor , appeared on behalf of the newspaper, Arunachal Times. Shri Irak Bagra, SP(Crime) represented the Police Authority (Arunachal Pradesh).

The burning and destroying copies of the newspaper “Arunachal Times” by

the Adi Baane Kebang Youth Wing (ABKYW) is the subject matter of this suo-motu inquiry. The Council took suo-motu cognizance when it came to its notice through newspaper that ABKYW had destroyed and burnt copies of the newspaper and uploaded a video of it on the social media. A report was called for from the State Govt. The Superintendent of Police, Itanagar has submitted his report dated 29.12.2017 in which it has been stated that the Inquiry was conducted by the Superintendent of Police, East Siang District, Pasighat and it has been found that ABK Youth Wing had issued a call urging all citizens to boycott the daily newspaper “Arunachal Times”. However, in the report it has been stated that neither coercion of force nor any complaint of burning of newspaper has been reported anywhere in the State.

Mr. Amar Sangno, Sub-Editor of Arunachal Times appears and states that a report was given to the police and when no case was registered, a complaint was filed before the Judicial Magistrate who referred the case for investigation. Mr. Irak Bagra, S.P. (Crime) admits that on the basis of the direction given by the Chief Judicial Magistrate, a case had been registered and after investigation the police has submitted the charge-sheet.

The Inquiry Committee is of the opinion that any obstruction or burning of a newspaper directly affects the fundamental right of the newspaper, it affects the freedom of the press. In the opinion of Inquiry Committee, the State Government and all its functionaries are obliged to ensure that the freedom of the press is not violated. The Inquiry Committee expects from the State Government to take such steps as are necessary for ensuring such freedom to the press. The Inquiry Committee would also like to observe that in case any group of people have any grievance against a newspaper, the door of the Press Council is open for them to ventilate their grievances, instead of taking law and order in their own hand.

The Inquiry Committee directs for disposal of the complaint with the aforesaid observation. Held

The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dispose of the complaint with the aforesaid observation.


S.No. 12 F.No.13/2/18-19-PCI.

Suo-motu cognizance with regard to summons to Editors and Publisher of “Dawnlit Post” by Itanagar Police.


Facts

A former Member, of the Council vide his email dated 3.4.2017 has informed that the Itanagar Police has issued summons to the Editors and Publisher of the “Dawnlit Post” to explain a report as a case was registered against the newspaper on the directions of Metropolitan Magistrate of Itanagar on a complaint filed by the State General Secretary of BJP. He has further informed that the Police also wanted the newspaper to produce all relevant material regarding the report, which means the newspaper has to disclose source of the news report. According to him, BJP has filed a complaint to frighten journalists of the State by making the Dawnlit Post as an example so that they are forced to observe restraint and ‘self-censorship’ in their reportage in the run up to elections scheduled later this year. He has alleged that this is a frontal attack on the freedom of press. While forwarding a copy of the summon, he has requested to take suo-motu cognizance of the matter. No Reply A Report on Facts of the case was called for from the Government of Arunachal Pradesh on 4.4.2018 but no response has so far been received despite issuance of reminder dated 9.5.2018. The Editor, Dawnlit Post, Itanagar was also requested on 4.4.2018 and 9.5.2018 to provide complete detail of the incident but received no reply. Report of the Inquiry Committee

The matter came up for hearing before the Inquiry Committee on 28.5.2019 at New Delhi. Shri K. Amarnath, Former Member, PCI and Shri Ranju Dodum, Chief Reporter represented the Editors/Publisher of Dawnlit Post. Shri Irak Bagra, S.P. (Traffic Crime) represented the Police Authority.

Issuance of summons to the editors and publisher of the “Dawnlit Post”, a daily newspaper published from Itanagar, is the subject matter of the present suo-motu inquiry.

Mr. Irak Bagra, S.P.(Crime) appears and states that on the basis of the direction given by the Court, the police registered the case and issued summons to the editors and publisher. He states that what has been done by the police was in discharge of their statutory right to investigate and no fault can be found out in it. Mr. Ranju Dodum, the Chief Reporter of the “Dawnlit Post” appears.

The Superintendent of Police further informs that the person who had filed the complaint had filed an application for withdrawal of the complaint and based on that, the police had submitted final report.

Taking notice of all those facts, the Inquiry Committee drops the proceedings in the matter. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and drops the proceedings in the matter.


S.No 13 F.No.13/134/17-18-PCI.

Suo-motu cognizance with regard to burning copies of a Daily

Poknapham by BJP workers in Imphal (Manipur).


Facts

A former Member, PCI vide his email dated 21.11.2017 has forwarded a link of “The Wire” wherein a news was displayed on 20.11.2017 under the caption “Imphal Newspapers publish blank editorial to protest BJP’s burning of daily – Members of BJP’s youth wing set ablaze copies of Poknapham newspaper for publishing disparaging content against the prime minister”. It has been reported in the news report that –

“Prominent Imphal-based newspapers, including the daily that was burned

down by alleged members of the BJP’s youth wing, left their editorial columns blank today in protest. Copies of Poknapham were set on fire by unidentified miscreants in front of BJP’s party office on 18.11.2017 over alleged disparaging content against the Prime Minister. The editorial column has been left blank on 20.11.2017 in protest against burning of an Imphal based newspaper by BJP youth wing-the editor of Sangai Express said.”

While taking suo-motu cognizance of the matter, a Report on facts of the case

was called for from the Government of Manipur on 22.11.2017. The Editor, Poknapham Daily was also requested to provide detail of the incident on 22.11.2017 but received no response.

Reply

The Inspector General of Police, Office of the DGP, Govt. of Manipur, Imphal vide his reply dated 6.12.2017 has informed that the Superintendent of Police , Imphal West inquired into the matter and stated that as per report of the officer-in-charge, City Police Station, on 18.11.2017 no report related to burning copies of the daily Poknapaham by BJP workers in Imphal was received by the Police Station nor through the Police Control Room of Imphal West District Police. Neither the media house nor the aggrieved individual has lodged the complaint at the Police Station. The matter came to light only after it was carried as news item in some local newspapers. The District Police nevertheless has been keeping a close watch on the matter to prevent any law and Order problem.

Report of the Inquiry Committee The matter came up for hearing before the Inquiry Committee on 28.05.2019 at New Delhi. Mr. K. Amarnath, Former Member, PCI represented the Poknapham Daily newspaper. Mr. L. Roshmani , Advocate, represented the State Government .

When it came to the notice of the Council that Imphal newspapers have left the editorial space blank to protest burning of daily newspaper by a youth wing of a political party, it took suo-motu cognizance and called for a Report from the State Government and the Director General of Police. The Inspector General of Police vide his letter dated 6th of December, 2017 had informed that the matter was investigated by the Superintendent of Police, Imphal and as per the report of the Officer-in-Charge of the City Police Station no report related to the burning copies of the Daily Poknapham was received in the Police Station or in the Police Control room of Imphal West District Police. It has further been reported that neither the media house nor the aggrieved individual has lodged a complaint at the Police Station. However, in the report it has been observed that the matter came to light after it was carried as a news item in some local newspapers. The Inquiry Committee is of the opinion that when the burning of the newspaper came to the notice of the police through a news item, nothing prevented them to register the case and investigate the matter and bring the culprit to justice. The Inquiry Committee would like to observe that lodging of a formal report by an individual is not necessary for investigation and in matters like these where the freedom of press is under threat, it was incumbent upon the police to register the case and investigate the matter.

In the facts and circumstances of the case, the Inquiry Committee directs the Director General of Police to ensure that a case be registered on the basis of the news report and investigation as permissible in law initiated and concluded within a reasonable time. With the aforesaid direction, the Inquiry Committee recommends for disposal of the case and drops the proceeding. Held

The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to dispose of the case with the directions to Police Authorities.


S. No.14 F.No.13/172/17-18-PCI.

Suo-motu cognizance with regard to assault on journalist-Shri Biplab Dey by timber smugglers in Meghalaya.


Facts

The Press Council of India has come across through various news reports that a journalist-Shri Biplab Dey was assaulted by the timber smugglers in Meghalaya. It was reported in the news item that a freelance journalist-Shri Biplab Dey from Garo Hills, was assaulted by timber smugglers on 23.1.2018 in Athiabari, West Khasi Hills District, Meghalaya. The journalist was assaulted when he went to capture the evidence of illegal transportation of timbers. It was also reported that the culprits took away the camera and mobile phone of the journalist to destroy evidence.

While taking suo-motu cognizance of the matter, a Report on Facts of the case

was called for from the Government of Meghalaya on 1.2.2018. The Shillong Press Club was also requested on 7.2.2018 and 13.3.2018 to provide complete detail of the incident but no reply was received.

Reply of Home Department, Govt. of Meghalaya

Smt. D.M. Nongrum, Under Secretary to Govt. of Meghalaya, Home (Police) Department, Shillong vide letter dated 9.3.2018 informed that the police received a written report on 24.1.2018 from one Shri Klethon Sangma of Siminaguri village to the effect that on 23.1.2018, some unknown persons, who claimed themselves to be members of the media came in a drunken state to Siminaguri village and demanded money from the drivers of two trucks carrying logs (numbers not known), where they created trouble and tried to attack the truck drivers. It was further informed that the truck drivers, however, managed to flee from the spot and in this connection, a case was registered vide Mawshynrut Police Station Case No.2(1)2018 under Section 384/506/511/34 IPC.

According to her, on the same day i.e. 24.1.2018, another written report was

received from one journalist, Shri Biplab Dey of Sepoy Colony, Tura, to the effect that on 23.1.2018 at around 9:00 p.m. he had stopped two timber trucks, who were smuggling timber at Siminaguri village but the trucks managed to escape. After that he along with his driver left the place. At 10:00 p.m., on receiving information that a group of smugglers led by Shri Sugriv Rabha of Gamerimura village, Assam is smuggling the timber, he along with his driver went back to the spot. When he reached the spot, he was assaulted by the timber smugglers and the truck drivers without any warning. His driver managed to escape but he was assaulted and got beaten on his face, head, chest, legs and on the back. They also stole his laptop, camera and destroyed his mobile phone. In this connection, a case was registered in

Mawshynrut Police Station Case No.3(1)2018 under Section 323/379/427/34 IPC. Smt. Nongrum has stated that both the cases are presently under investigation.

Shri G.K. Iangrai, MPS, Asstt. Inspector General of Police (E), Office of the

DGP, Meghalaya Shillong vide his letter dated 26.3.2018 has added that in Case No.2(1)18, the named accused-Shri Biplab Kumar Dey was not arrested but was issued Notice under Section 41 A Cr.PC and is cooperating in the investigation. He has further added that in Case No.3(1), the named accused-Shri Surgriv Rabha and others have not been arrested as they are still absconding. He has informed that both the cases are still under investigation.

Reply of I&PRD, Govt. of Meghalaya The Under Secretary to Govt. of Meghalaya, Information & Public Relations Department, Shillong vide letter dated 19.4.2018 has informed that their office does not have any official records relating to Shri Biplab Dey and he is not even officially recognized as a journalist, therefore, no action taken report could be taken from their end. Further Communication from Home Department, Govt. of Meghalaya

Smt. D.M. Nongrum, Under Secretary to Govt. of Meghalaya, Home (Police) Department, Shillong vide letter dated 19.4.2018 has informed that in connection with Mawshynrut PS Case No.2(1)18 under Section 384/506/511/34 IPC, the named accused in the instant case is Shri Biplab Kumar Dey. The accused person was not arrested but was issued Notice under Section 41A Cr.P.C. and is cooperating in the investigation. She has further informed that in connection with Mawshynrut PS Case No.3(1)18 under Section 323/379/427/34 IPC, the named accused in the instant case are Shri Sugriv Rabha of Ghamerimua, Assam and others. The accused persons have not been arrested as they are still absconding. The Under Secretary, Home (Police) Department, Govt. of Meghalaya, Shillong vide further letter dated 23.8.2018 has informed that the PS Case No.2(1)18 u/S 384/506/511/34 IPC, the name of the accused, Shri Biplap Kumar Dey is cooperating in the investigation. The case is pending for recording the statement for more witness and further investigation. Regarding PS case No.3(1)18 u/S 323/379/427/34 IPC, the name of the accused, Shri Sugriv Rabha was arrested and released on bail from the court. The case is still pending for the arrest of the other co-accused and further investigation.


New Delhi. Ms. Aprajita Mukherjee, Advocate represented the Govt. of Meghalaya. The alleged assault of a journalist by timber smugglers is the subject matter of

this suo-motu inquiry. Ms. Aprajita Mukherjee appears on behalf of the State of Meghalaya and has

filed an affidavit sworn by Mr. D.K. Iankra on 13thof May, 2019. The Govt. of Meghalaya has also submitted a Report intimating that on the basis of allegation of extortion from the truck owner, a case has been registered against the journalist and

on the basis of allegation made by the journalist, a case has been registered against alleged smugglers. In the affidavit sworn on 13.5.2019 on behalf of the State of Meghalaya, nothing has been stated about the status of the pending investigations. In fact, from the letter dated 1st of August, 2018 of the Assistant Inspector General of Police, it appears that the matter is still under investigation. When Inquiry Committee enquired from the Counsel, Ms. Mukherjee, about the status of the case, she was unable to give any concrete answer.

The cases referred to above have been registered as back as on 24th of January, 2018 and till today investigation is still pending. The Inquiry Committee is of the opinion that keeping the matter pending for investigation in cases like this tells volume about the inefficiency of the Investigating Officer. In the facts and circumstances of the case, the Inquiry Committee directs the Director General of Police of the State of Meghalaya to ensure that investigations of the cases are concluded within 45 days from today.

With the aforesaid direction, the Inquiry Committee drops the proceeding in the matter. Held The Press Council on consideration of records of the case and Report of the Inquiry Committee accepts reasons, findings and adopts the Report of the Committee and decides to drop the proceedings in the matter.


S.No. 15 F.No.13/128/18-19-PCI. Suo-motu cognizance with regard to attack on journalists at Ranchi on Jharkhand Foundation Day i.e. 15.11.2018.

Adjudication dated 22.08.2019 Facts The Press Council of India has come across the news reports regarding lathi-charge on the journalists by the police at Ranchi on 15.11.2018 during coverage of Jharkhand Foundation Day. It has been reported that the journalists were attacked by the police while covering the lathi-charge on adhoc-teachers, who were protesting to regularise them on the occasion of Jharkhand Foundation Day on 15.11.2018. Several journalists were injured during the lathi-charge. A Report on Facts of the case was called for from the Government of Jharkhand on 22.11.2018. Simultaneously, Hon’ble Chairman, Press Council of India vide Order dated 22.11.2018 constituted PCI’s three-Member Fact Finding Committee comprising of S/Shri Vijay Kumar Chopra, K.D. Chandola and Kamal Nain Narang to enquire into murder of Shri Chandan Tiwari and was also asked to look into this instant matter. Reply of Inspector General of Police, Ranchi

The Inspector General of Police (Human Rights), Office of the Director General & Inspector General of Police, Government of Jharkhand, Ranchi has addressed a letter dated 21.2.2019 to the National Human Rights Commission (NHRC), New Delhi giving reference to a complaint filed in NHRC by Shri Vishan Ranjan Daftuar, Gaya, Bihar and its copy was endorsed to PCI.

It has been stated that the Senior Superintendent of Police, Ranchi in his Report intimated that during Jharkhand Foundation Day on 15.11.2018, a heavy security force outsourced from different districts was deputed to maintain law and order, which was not familiar with the local journalists. It has been further stated that on

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