AMIDST MISPLACED PRIORITIES AND PRIVILEGES, WHERE DO WE STAND?
While returning from Belagavi sessions along with Rakesh Prakash,
Niranjan Kaggere and Sathish B S, our discussion slowly turned towards
politicians of yesteryears like J H Patel, Bangarappa, S M Krishna, Ghorpade
and others. Sathish had an interesting story to tell, which J H Patel told him
during their first meeting.
When Patel was Member of Parliament, he went to a party with friends. He
had couple of pegs more than usual and it was late in the night. Though his
friends offered him to drop home, Patel assured to manage as Shivamogga was a
small town.
Little while later, Patel realized that he was unable to locate his
house. By then, he was high and his dhoti had fallen down and was desperately
looking to locate his house. A police constable approached him and started
questioning. When Patel said that he was local Member of Parliament, constable
slapped him on the head, took him to police station and put him in the lock up.
That was the last Patel remembered and went to deep slumber inside the lock up.
When he opened his eyes in the lock up, the constable was falling at his
feet and begging for forgiveness. Then Patel recalled what happened previous
night and started laughing. Though his followers wanted to teach a lesson to
constable, Patel laughed and said, the constable made him realize that he did
not look like a Member of Parliament.
There are any number of such stories of another former Chief Minister R
Gundu Rao, who cracked jokes with police personnel, who had given him tough
time as budding politician. What would have happened today? The behavior of our
politicians would not have been even closer to above incidents. The privileges
of the elected representatives would have been mercilessly invoked.
In 1997, I slowly started peeping into corridors of Vidhana Soudha,
covering Legislature Sessions for Indian Express. As a cub reporter, I used to
see stalwart politicians like the then Chief Minister J H Patel, Speaker Ramesh
Kumar, Ministers M P Prakash, M C Nanaiah, C Byre Gowda, Jayaprakash Hegde on
one side, Mallikarju Kharge, M Y Ghorpade and others on other side.
The first and second time MLAs used to sit around the stalwarts,
listening to issues pertaining to Parliamentary democracy. In Brishish
Parliamentary system, they are termed as shouting brigades. It was a great
learning process and as junior reporters, we waited some opportunity to get
acquainted with the stalwarts. When we did, they used to tell us about what
they thought about journalism and point out our mistakes. When cross checked
later, they used to be right.
In two decades of journalism, I came across `privileges’ of legislators
only once, when Legislative Council summoned an IAS officer to the house and
reprimanded him. I thought it was harsh, but did not attach much importance to
it.
Till last week, I had misconception about privileges of the legislators.
Now, it has turned out to be confusion… Two journalists – Ravi Belegere and
Anilraj have been sentenced to one year of imprisonment and slapped a fine of
Rs 10000 each.
Quickly, I got copy of the report submitted by Privilege Committee to
Assembly and went through it. I don’t want to get into merits and de-merits of
the report, how it concluded `breach of privilege’ in both the cases. However,
some of the facts are worth mentioning.
In the report, the Committee admitted that there was no proper
definition for `privilege’ of legislators as well as prescribed punishment for
breach of privilege. However, they have quoted relevant parts from the book:
`PRACTICE AND PROCEDURE OF PARLIAMENT’ by KAUL AND SHAKHTAR as reference. It
reads:
`It is breach of privilege and contempt of the House to make speeches,
or print or publish any libels, reflecting on the character of proceedings of
the house or its Committees, or any member of the House for or relating to his
character or conduct as a member of Parliament’.
Speeches and writings reflecting on House or its Committees or member
are punished by the House as contempt on the principle that such acts, ``tend
to obstruct the House in the performance of their functions by diminishing the
respect due to them.’’
The house may punish not only contempt’s arising out of
facts of which the ordinary courts will take cognizance, but those of which they
cannot, thus a libel on a member of Parliament any amount to a breach of
privilege without being a libel under civil or criminal law.
I know Ravi Belegere of Hi Bangalore for the last two decades, but not
Anilraj of Yelahanka Voice. While the complainant against Ravi is Speaker K B
Koliwad of Congress, Yelahanka MLA, who is a BJP member S R Vishwanath is
complainant with respect to Anilraj.
I read Ravi’s article against Koliwad. Of course it was bad in taste,
but no way would it come on the way of Koliwad discharging his duty. I have
read Ravi’s tabloid for decades and at times, I told him point blank that
particular article was in bad taste. Going by the precedent set by the
committee report, Ravi should have been jailed hundreds of times by now.
When Koliwad filed the complaint against Ravi, he was not Speaker, but
Chairman of Privilege Committee. The then Speaker Kagodu Thimmappa admitted his
privilege motion and referred it to the Committee. So, he was the complainant
and as well as the judge for the case. By the time he became Speaker and handed
over privilege committee Chairman Post to Kimmane Rathnakar, the report
convicting Ravi was ready.
Kimmane Rathnakar completed inquiry into case against Anilraj and
submitted both the reports to house during this session. The conviction has
opened Pandora’s Box, with Bengaluru Development Minister K J George moving
privilege motion against TV9 and opposition leader Jagadish Shettar, quoting
similar reasons.
In my journalism career, I have come across seven speakers, including
Koliwad. He is the first Speaker with whom the journalists literally entered
into verbal arguments twice. Soon after he became Speaker, Legislature Housing
Cooperative Society allotted sites to Koliwad’s daughters. When journalists
questioned him, he was upset and said that there was nothing wrong in such
allotments. He defended vehemently and even shouted at media.
Secondly, he made a proposal to spend Rs 26 crore for recent Diamond
Jubilee celebration of Vidhana Soudha. When the journalists questioned about
extravaganza, that’s too when state was reeling under drought, Koliwad argued
that it was his prerogative. Chief Minister Siddaramaiah intervened and scaled
down the budget to Rs 10 crore.
With above facts, I rest my case.
But, the tussle between legislature and media is nothing new. During the
last few years, there were efforts by legislators to gag media. This was in the
form of undercurrent, which erupted during last legislature session. Karnataka
MLAs took up the issue and debated in the house for hours together, running
down on the media, making individual attacks also.
They wanted to form a committee to control media. Cutting across party
lines, members from Congress, BJP and JD(S) explained how they were suffering
from media reports, while their presence in public life had already ruined
their personal lives. They wanted the media to report only the good works they
did and the people oriented debate they make inside the house.
One JD(S) MLA, without naming H R Ranganath of Public TV, vent his ire
and said: `how a person, who used to walk without slippers in Mysore two
decades ago, could own a television channel.’ Recently, the same MLA’s son and
his friends were caught on camera, locking up a youth inside his garage,
beating him up. This is just a passing reference of the debate.
After Ravi’s review petition was rejected unanimously by Assembly, I
spoke to two MLAs. Suresh Kumar of BJP,
who opposed conviction of journalists and Privilege Committee Chairman Kimmane
Rathnakar (Congress), who submitted the report. Kimmane Rathnakar is a thorough
gentleman. Since I had promised that the talks would be for my academic
consumption, I will not reveal the details. However, I told both of them that I
expect nothing constructive from more than 10-15 of total 224 elected members
of the house, as the quality of people getting elected to Assembly had
deteriorated drastically. So is the case with upper house – Legislative
Council.
When I started covering Assembly proceedings, Ramesh Kumar was Speaker.
The house had stalwarts like J H Patel, Mallikarjun Kharge, M P Prakash, C Byre
Gowda, Jayaprakash Hegde, M C Nanaiah, M Y Ghorpade and others. Later in 1999,
they were joined by people like S M Krishna, Kagodu Thimmappa, K H Ranganath, H
Vishwanath, D B Chandre Gowda and others, while some of the prominent from
Janata Parivar, including M P Prakash were defeated. Suresh Kumar was first
timer and Kimmane Rathnakar got defeated from JD(S) ticket.
I enjoyed the company of many of these leaders who stood for what they
believed in. During our informal chats, I could sense that they pointed out
mistakes in our reports and it could be termed as a learning process. Not that
all the 224 members were of high quality. However, leaders with quality got due
recognition inside and outside the house.
When Ghorpade was Rural Development Minister, Mandya MLA Athmanand
wanted to know if the government earmarked local area development funds in
local bodies like Zilla Panchayats for MLAs. Mr Ghorpade said that he would not
make such provisions and if anyone wants to work at Panchayat levels, they
should contest those elections. Legislature was to make legislations and not
taking up civil works.
This created a furore and back benchers, cutting across party lines rose
to their feet and started demanding separate funds for them in Panchayat Raj
institutions also. Ghorpade did not budge. Speaker M V Venkatappa requested
Ghorpade to make an assurance to consider their demands, as at least 100 MLAs
were up in their arms. Ghorpade was adamant and said that he would not make any
false assurances, even if he needed to resign from the ministry. The senior
leaders, including Chief Minister S M Krishna remained silent, expressing their
solidarity with Ghorpade.
After an hour, the shouting brigade was defeated by handful of silent
leaders with conviction.
The change came just after next election in 2004. While Ghorpade
retired, most of the so called stalwarts had bitten dust. The new breed of
legislators had got elected and entered the house. MLC Gali Janardhan Reddy of
BJP had called M P Prakash `Gomukha Vyagra’ and no one came to his rescue also.
Both the houses were steadily being taken over by mining barons, real estate
agents and other businessmen. The quality of debates and knowledge based
discussions slowly transformed into personal allegations and muscling through
numbers.
Today, the discussion in the Assembly longue would be about how much is
one capable of spending during next election and how much is their opponent is
planning to spend. The issues, which are going to stall the house proceedings,
major issues that would not be debated at all.
Even inside the houses, the discussion is about allegations and counter
allegations, where shouting brigade plays major role. Even the front benchers
lack depth and opposition parties bear a lost look.
Even the journalism has witnessed ocean of changes. Earlier, it was era
of only print media. Slowly, electronic
media sneaked in. The politicians preferred electronic media to print, as they
would show them live and moving. Later, politicians started investing in
television media and TRP based news started getting prominence. This forced
partial silence among journalists over issues and learning process lost track.
This paved way for creating lot of jobs in journalism involving new
breed of reporters, anchors, cameramen and other crew. Many television channels
closed down, leaving large number of unemployed journalists and crew. Every
day, new channels are coming up and old ones are closing down. The uncertainty
has given rise to unhealthy competition for breaking news to survive in the
industry. Most of the reporters are always on the search for greener pasture.
After two decades into journalism, I started feeling that this was
turning out to be a place of misplaced priorities and privileges. Wonder, where
we stand.
Vinay Madhav