Nothing ’official’ about it

Nothing 'official' about it

While GRP commissioner denied having given instructions for imposing the Official Secrets Act on MiD DAY reporter Akela, Home Minister RR Patil says applying the Act "might not have been right". So who really imposed the draconian Act in this case and why?

A DAY after MiD DAY exposed a grievous assault on the freedom of the press with the Government Railway Police (GRP) slapping the draconian Official Secrets Act (OSA) on its employee and veteran journalist Tarakant Dwivedi AKA Akela, a delegation of journalists left the railway security forces red faced by exposing a major loophole in the way the case was handled.

A delegation of journalists met Home Minister RR Patil at his residence last night

In the presence of the delegation, GRP Commissioner Tukaram Chavan told Home Minister RR Patil that he had not instructed his officials to prosecute Akela under the OSA and that charges under the Act were slapped on him as per the orders of the honourable Railway Court.

An order issued by the court, however, clearly states that it is not empowered to order investigation of the said offence under the Official Secrets Act, 1923, as the complaint (by Pradeep Sonthalia) is not lodged by 'appropriate Government' as provided under section 13 (3) of the Indian Official Secrets Act, 1923.

The complaint against Akela was lodged by Sonthalia, a private citizen, under Section 447 (trespassing) of the Indian Penal Code because the reporter had allegedly entered the government armoury in CST in connection with a report that he was filing in public interest in June last year. Sonthalia had subsequently sought for charges under the OSA being added in the FIR.

When contacted, then additional director general of police (Railways) Raj Khilnani said, "I do not remember this case off hand, but I am very sure that I had not instructed any police officer to apply the Official Secrets Act."

When Inspector Pandrinath Yeram of the CST railway police station was asked about the competent authority at whose behest the Act was levied in the case, he said it was the Railway Protection Force.

However, city-based criminal lawyer Dinesh Tiwari rubbished this, saying "If the RPF was the competent authority at whose behest they had applied OSA charges, then the FIR itself does not stand as the complainant, Sonthalia, is not an RPF official but a civilian, who does not have the required authority." Khilnani, who is presently the Director General of Police (Home Guards) had similar views.
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He said, "If the court had instructed that a competent authority should look into the application of the OSA, the RPF should have been the complainant instead of a civilian, who does not have the authority."

Protest
A delegation of journalists visited Chitrakut, Patil's official residence, last morning, where the GRP Commissioner, accompanied by ACP B A Thombare and other senior officials attached to the CST railway police, explained the grounds on which they arrested Akela on Tuesday.

Journalists from across the city assembled at the Mumbai Marathi Patrakar Sangh, Azad Maidan, in support of the MiD DAY reporter

Hundreds of journalists and media professionals then walked to Mantralaya from CST to condemn the arrest. They dispersed only in the evening, after Patil assured them that he would take up the matter.

Patil's take
According to reporters present at Sahyadri guesthouse, where Patil addressed the media fraternity, he announced that the investigating officer would be changed and also an enquiry would be ordered against those officers who had shown a vested interest in the case and threatened the reporter.

He admitted that the application of the OSA may not have been right in this case, but maintained that the police followed the court's directives. The home minister also directed the GRP Commissioner to inquire into the matter.

The Official Secrets Act is utterly anachronistic and has not been repealed for years together. The said Act should have been declared ultra vires long ago.
T R Andhyaru Jina, former Solicitor General of India

It is ridiculous on the part of the GRP to apply the OSA in this case. What is the secret in somebody exposing something that is wrong?u00a0u00a0u00a0
Ram Jethmalani, former Union Law Minister and Senior Counsel Supreme Court

It is very clear that the GRP action is uncalled for and illegal. The consequent custody of the accused is also illegal. The OSA is not applicable in the said case as the reporter was merely doing the job of reporting the facts and was not acting as a spy on the behest of any anti-national elements. This is absurd and seems to be motivated
Dinesh Tiwari, senior criminal lawyer

What theu00a0FIR says

open secret? The copy of the FIR clearly mentions the section as 447 of the IPC (trespassing). The letter that Pandrinath Yerum, Investigating Officer, wrote to MiD DAY mentions only section 447, and has no mention about the Official Secrets Act