[Editorial Analysis] Probing the press

Mains Paper 2: Polity

Prelims level: Official Secrets Act

Mains level: Various government organizations and their disputes

Context

• The essential distinction between public interest and the interest of the government of the day seems to have been lost on the Attorney General.

• K.K. Venugopal’s claim that documents pertaining to the purchase of Rafale jets published by the media, including this newspaper, have been “stolen” amounts to a definitive admission that they are genuine.

• The documentary evidence published so far indicates that “parallel parleys” held at the behest of the Prime Minister’s Office undermined the Indian Negotiating Team’s discussions with the French side.

Questions raised in the absence of bank guarantees

• Internal questions had been raised about the absence of bank guarantees to hedge against possible default by the vendor; and that this had an adverse effect on the pricing of the 36 jets to be bought in fly-away condition.

• Few can doubt that these revelations advance the public interest, and have no impact on national security.

• The publication of the documents and news reports based on them constitute the legitimate exercise of the freedom of the press.

• The threat of a criminal investigation under the Official Secrets Act, 1923 (OSA) is disappointing, if not downright perverse.

Major concerns for government

• The government is also on weak legal ground when it claims the court should not rely on “stolen” documents while hearing petitions seeking a review of its judgment declining a probe into the Rafale deal.

• As the Bench, headed by Chief Justice of India Ranjan Gogoi, pointed out, the manner in which a document has been procured is immaterial, if it is relevant to an adjudication.

• As one of the judges asked, can the government seek shelter behind the notion of national security if a corrupt practice had indeed taken place?

• It is to the credit of successive governments that the OSA has rarely been used against the press.

• The law primarily targets officials entrusted with secret documents, codes and other material, but Section 5 criminalises voluntarily receiving and possessing such documents, if given to them in contravention of the Act.

• In a limited examination of this section, the Law Commission observed in a 1971 report that its wording was quite wide.

Way forward

• However, it left it to the government to decide against prosecution, if the information leak did not materially affect the state’s interest.

• There is undoubtedly a case for distinguishing between an act that helps the enemy or affects national security, and one that advances legitimate public interest.

• In times when information freedom is seen as salutary for democracy, laws such as the OSA should yield to the moral imperative behind the Right to Information Act.

• This reasoning is embedded in Section 8(2) of the RTI Act, which says that notwithstanding the provisions of the OSA, “a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.”

• The government should refrain from using its secrecy laws to contend with embarrassing media revelations.

• It would do well instead to respond responsibly to questions thrown up by the revelations.

———————————————

Prelims Questions:

Q.1) With reference to the defence sector, consider the following pairs:
Aircraft/ Missile : System Developed by

1. F-16 : Japan

2. Dassault Rafale : France

3. S-400 : Russia

4. ShinMaywa US-2 : USA

Which of the pairs given above are correctly matched?

(a) 1 and 3 only

(b) 2 and 4 only

(c) 2 and 3 only

(d) 1 and 4 only

Answer: C

Mains Questions:

Q.1) The Official Secrets Act can’t be an instrument to censor embarrassing media revelations. Critically examine the statement.

Share article