R BHAGWAN SINGH Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) All the above writ petitions have been filed by nine journalists praying to issue Writs of Mandamus against the respondents (1)Government of Tamil Nadu, Secretary, Home Department, (2)The Director General of Police, Tamil Nadu, Chennai and (3)Regional Director, C.B.I., Chennai, respectively praying to (1)direct the respondents to register F.I.R. Before R.3 relating to the incidents at the Marina, Chennai, on 12.8.2001, (2) to direct R.3 to investigate and prosecute any and every person found to have violated the constitution and the laws by ordering and conducting a savage assault on journalists covering the procession on 12.8.2001 and (3)to direct respondents 1 and 2 to pay compensation to the journalists who suffered injuries to their person and damage to their properties consequent to the assault on 12.8.2001.

(2.) In the common affidavit filed in support of all the above writ petitions, the petitioners who are alleged to be the members of the `Journalists Action Group', a body constituted voluntarily by a majority of Journalists in Chennai for ventilating the grievances of the Journalists fraternity, would submit that with the avowed object of protecting the interests of the Journalists, the general public and the Constitutionally guaranteed freedom of press and expression, when the petitioners were covering the procession organised by a Political Party on 12.8.2001, for no apparent reason but evidently to intimidate and frighten the Journalists and force them to abandon the coverage of procession, the Police Officers and their men and women under the control and supervision of respondents 1 and 2, directed and conducted the savage, wanton and indiscriminate assault on the journalists.

(3.) Prior to assessing the events encircling the episode dated 12.8.2001, the petitioners in their attempt to give a glimpse of the state of affairs that was prevalent in the State of Tamil Nadu after the advent of the A.I.A.D.M.K. Party to power in the State, would submit that a hostile atmosphere prevailed in between the D.M.K. and A.I.A.D.M.K. parties and the Government, under the impression that the press was hostile to them, adopted a confrontationist attitude towards the media and the media persons, the first incident being on 27.6.2001 when a T.V. Reporter was arrested and remanded to custody for covering the activities of a D.M.K. Leader at Villupuram and as a protest, journalists numbering 150 courted arrest at Chennai on 29.6.2001 resulting in the release of the arrested journalist Mr.G.Suresh on bail at the instance of the State Government. The next incident cited was on 30.6.2001 when the former Chief Minister of Tamil Nadu Mr.M.Karunanidhi was arrested and remanded to judicial custody which the journalists could not cover because of obstruction caused by the police and the Government.