Dinesh Kamath's Editorial 'A good decision by SC' that was published in Newsband

A good decision by SC

The Supreme Court has taken a decision to consider the relevance of the documents published in the media on the Rafale deal. This is a rebuff to the Central government’s attempts to prevent judicial examination of these papers and to de-legitimise all investigative journalism on the subject. An investigation into the purchase of Rafale jets will now be taken up on merits. It would have been a travesty had the government succeeded in blocking judicial scrutiny of these documents. The government’s desperate attempts to prevent the court from relying on these papers has failed.

The decision on the admissibility of the documents has significance beyond the Rafale issue: it revivifies the rights of a free press and underscores the principle that it is public interest, and not the content of a document alone, that will decide whether disclosure is needed or not in a given case. It is premature to conclude that the court’s earlier decision to not order a criminal investigation into the purchase of 36 Rafale jets will be revisited.

Citizens are not sure that the Congress President is really against corruption. Citizens think that Rahul Gandhi wishes to make use of allegations of corruption to seize power and he is not at all serious about curbing corruption in defence deals. Hence, citizens wish that Rahul Gandhi should make a public announcement about what the Congress led government would do about Rafale deal if UPA government comes to power after 2019 Lok Sabha election. Would the Rafale deal be renegotiated or would it be cancelled?

Recourse to the OSA could have been taken only in respect of sensitive, military related information about the technical capabilities of the aircraft. Issues like bank / sovereign guarantee, offsets, etc, do not justify such a drastic response.

The decision “revivifies the rights of a free press”. It certainly rebuffs and reminds the press unequivocally that freedom of press is protected under the Constitution only if that freedom is enjoyed with a deep sense of responsibility. Further, the “basis for the grant of their freedom” comes from the “ability of truth to be recognised by a discerning public in the supposedly free market place of ideas”. It is more than likely that the court’s earlier decision, not to order a criminal investigation into the purchase of 36 Rafale jets, will not be revisited. Why, simply because the facts of the matter established beyond doubt do not support any such action. It is only the disturbing trend of media bias to satisfy their controlling business interests and political allegiances imply such a need.

Supreme Court, while ruling in favour of taking on record new documents, emphasized on the freedom of press in strengthening the democracy and warned against the "disturbing trend of bias" in recent times. Additionally, Justice K M Joseph observed that the stream of information that flows from the Press "must remain unpolluted by considerations other than truth and remain fearless and free from biases.” Justice Joseph accosted that the “basis for the grant of their freedom” comes from the “ability of truth to be recognised by a discerning public in the supposedly free market place of ideas”. They should not compromise truth to satisfy their controlling business interests and political allegiances. Their freedom is protected under the Constitution only if that freedom is enjoyed with a deep sense of responsibility.