Justice Katju says NDTV ban illegal, here’s his law point

"I spoke just now with Ravish Kumar of NDTV, and told him that the one day ban on NDTV was illegal." Justice Katju has written in his blog.

By: Express Web Desk | New Delhi | Published:November 5, 2016 12:59 pm
ndtv, ndtv ban, ndtv india, ndtv india ban, markandey katju, katju, katju on ndtv ban, NDTV India blackout, Pathankot attack Justice Markandey Katju has termed the ban illegal. (File Photo)

The Information and Broadcasting ministry’s one-day ban on news channel NDTV India has sparked many debates across the country. The channel was to be taken off air for 24 hours for allegedly revealing “strategically-sensitive information” during the course of its coverage of the anti-terror operations at the Pathankot airbase earlier this year. The first-of-its-kind order has imposed a blackout prohibiting “the transmission or re-transmission of NDTV India channel for one day on any platform throughout India with effect from 00:01 hrs on 9th November to 00:01 hrs of 10th November”.

On Saturday, Justice Markandeya Katju added his voice to the chorus and called the ban illegal. “I spoke just now with Ravish Kumar of NDTV, and told him that the one day ban on NDTV was illegal.” he wrote in his blog ‘Satyam Bruyat.’

He explains in his blog the legal aspect of the ban stating the Rule 6 (1)(p) of the Programme Code of the Cable TV Network Rules 1994 under which it has been imposed. According to the rule, “No programme should be carried in the cable service which contains live coverage of any anti-terrorist operation by security forces, wherein media coverage shall be restricted to periodic briefing by an officer designated by the appropriate Government…, till such operation concludes.”

The above rule states that a ban is applicable on broadcasting ‘live coverage’ of anti-terrorist operations by security forces.

“Live coverage means showing scenes of security forces searching or pursuing terrorists, or fighting with them. Mere reporting about anti terrorist operations is not live coverage. NDTV had only reported about anti terrorist operations, but had not shown any scenes of security forces chasing or fighting with terrorists. So there was no live coverage. The ban was therefore clearly illegal.” wrote Justice Katju in his blog.

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  1. M
    Md Khurshid
    Nov 5, 2016 at 12:35 pm
    Ban on ntv is 2nd step towards tanashahi
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    1. R
      RKumar
      Nov 7, 2016 at 3:03 pm
      NDTV showed this after security personnel briefed the Nation.
      Reply
      1. S
        SubbuI
        Nov 5, 2016 at 12:34 pm
        JUSTISE KATJU IS VERY OUT SPOKEN AND VERY KNOWLEDGABLE PERSON IN SPITE OF SOME UN WARRENTED COMMENTS AT IMESSAGE.THERE ARE OCCASIONS WHEN HE RETRACTS OR OPPOLOGISE TOO. BUT THIS HAS HE HAS SPOKEN THE WORDS GOES WITH LEGAL LEANINGS AND NALAYAK NMODI HAS STARTED SOME THING FOR WHATEVER THE REASONS MAY BE BUT THIS ARROGANT FELLOW IS NOT GOING TO FINISH IT THAT EASILY. lt;br/gt;NALAYAK NMODI NMODI TRIES THIS WITH JUDICIARY NOT WITH MUCH SUCCESS AND NOW HE IS DOING WITH PRESS FREEDOM .HE WILL PAY FOR IT AND PRAY HEAVELY FOR SURE
        Reply
        1. S
          Sudhip Kumar
          Nov 5, 2016 at 12:19 pm
          How did this guy head a press something position. "Coverage" is not pictures alone but voice too. Pls leave out "Justice" next time.
          Reply
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            Abani Ghosh
            Nov 5, 2016 at 7:51 am
            Markandeya Katju is a shame of our judicial system
            Reply
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              ak dev
              Nov 5, 2016 at 11:37 am
              Katju conveniently forgets "wherein media coverage shall be restricted to periodic briefing by an officer designated by the appropriate Government" part while stating the law. NDTV has been his critics for long. He may be trying to use this opportunity to become a good guy for NDTV.
              Reply
              1. G
                Girish
                Nov 5, 2016 at 6:04 pm
                ....and an incident (NDTV report) that eventually saw seven military personnel and one civilian killed.
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                1. G
                  Girish
                  Nov 5, 2016 at 6:01 pm
                  The law:lt;br/gt;Under Rule 6(1)(p) of the Cable TV Network (Regulation) Act, NO programme should be carried in the cable service which contains LIVE coverage of ANY anti-terrorist operation by security forces, wherein media coverage shall be RESTRICTED to periodic briefing by an officer designated by the appropriate government, till such operation concludes.lt;br/gt;lt;br/gt;This is NDTV reporter was saying LIVE(on Jan6, afternoon):lt;br/gt;“Two terrorists are still alive and they are next to an ammunitions depot. And the jawans who are under fire, they are concerned that if the militants make it to the ammunitions depot, then it will be even harder to neutralise them.”lt;br/gt;lt;br/gt;Is banning NDTV for just 1 day justified? No! Should be taken off the air for life!
                  Reply
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                    Arvind
                    Nov 5, 2016 at 9:19 am
                    Justice Katju has lost his dignity and respect of Public as Retired Judge of SC.He is known as a whimsical personality poking his nose everywhere and remain in limelight.He always defend those who committed crime.
                    Reply
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                      ashok patel
                      Nov 5, 2016 at 11:23 am
                      see what types of judges we have, he is ex judge and making this types of childish comments that live (means live pictures) are offense but live commentary is not punishable offense, is the enemy will not got information from live commentary ?? sure any body will get information. as per me NDTV is liable to punishment lt;br/gt;lt;br/gt;Ashok Patel
                      Reply
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                        Chandan Bhowmick
                        Nov 5, 2016 at 8:37 am
                        Katju a third cl person.he enjo the blessing of italian lady.otherwise he was not fit for a judge of sub dovision court.see what he had done to BCCI by giving wrong advice
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                        1. K
                          kamal
                          Nov 5, 2016 at 10:39 am
                          NDTV is running by anti nationalist . every one know who is katju. Time for indian exress not to support anti national people or media.
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                          1. V
                            vijaykumar
                            Nov 5, 2016 at 11:05 am
                            Then go to court and appoint lt;br/gt;Five star advocates and get justice. Nobody has prevented u. Government has every right to defend country's sovereignty in its manner. These people r not tune with new system and thinks they have right to do anything as allowed in previous regime
                            Reply
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                              Ashwani
                              Nov 5, 2016 at 10:05 am
                              Most importantly why sensitive issues like Defence be made street talk? At least I with limited understanding do not consider myself competent enough to deliver on these. Baki apne desh mein har gali mein Maha Vidwan ghoomta hain.
                              Reply
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                                daljitdodd
                                Nov 6, 2016 at 4:45 am
                                NDTV had infringed 1 day ban is very mild NDTV infringed during Bombay attack. Media briefing is only by authorised personnel not by NDTV Girish is right and had finally resolved the controversy. NDTV should be warned of much severe dose for further infraction but 1 day should be changed to 3 day ban for creating a rumpus while guilty.
                                Reply
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                                  dilshad
                                  Nov 5, 2016 at 3:51 pm
                                  Mr. katju is right..
                                  Reply
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                                    Franky
                                    Nov 5, 2016 at 11:49 am
                                    Retd. Justice Katju is twisting the words in the article and he is wrong. NDTV and Chief Burkha Datta should be banned for life and designate as anti social and anti national
                                    Reply
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                                      Jugal
                                      Nov 5, 2016 at 12:14 pm
                                      Katju is a power hungry person who can put to shame anything be it our country,judiciary or the Kashmiri Pandit community,legacy he proudly browbeats .His view are always self glorifying filled with contempt against any thing and anyone.He thinks he can become someone like Subramanium Swami to toe his power alignment by sharp acid tongue-work,but forgets that Dr Swamy speaks by conviction,firm understanding and diligently researched realities.I feel,we need a comprehensive law and enforcement against any kind of media onslaught and line crossing .Just a one day ban can only make them unnecessary heroes.Any amount of direct and indirect violation should be punishable and such channels should be banned for ever.
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                                        Dr.FAreed Ali
                                        Nov 5, 2016 at 2:05 pm
                                        Justice Katju is eyesore to those mentally sick who can't thing beyond their terrorism infested community.
                                        Reply
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                                          Dr.FAreed Ali
                                          Nov 5, 2016 at 2:06 pm
                                          Think
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                                            Munna Mama
                                            Nov 5, 2016 at 10:40 am
                                            Can't there be a law to prevent people like Rubbish Kumar from torturing their viewers with their ludicrous anchoring?
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