Karnataka legislature faces scrutiny over arrest notice to two editors

A one-year prison sentence and Rs 10,000 fine has been imposed on the editors of two tabloids

Ravi Belagere runs a Kannada tabloid Hi Bangalore that has a no advertisement business model, which is funded by subscription and stand sales.

In 2014, he published an article that criticised K B Koliwad, a Congress legislator in the Karnataka Assembly. A similar complaint was filed by BJP legislator S R Vishwanath, who complained against a write up by Anil Raj, the editor of another tabloid, Yelahanka Voice, which is published in the legislator's constituency of North Bengaluru. The articles were referred to the Privileges Committee in 2014. 

The Privileges Committee of the Karnataka, then led by the current Speaker Kagodu Thimmappa, had issued summons to both editors to hear their side, but they refused. However, last week, Koliwad, issued the sentence for a one-year jail term for both the editors and fine of Rs 10,000 for not honouring the assembly.

It is not the first time that Karnataka's legislature has exercised privilege motions against journalist. The editor of Samyukta Karnataka was asked to appear before the privileges committee in 2009 over a headline against the then Assembly Speaker K G Bopaiah. Hunasawadi  Rajan, the editor, had appeared before the committee.

What is surprising this time is that Koliwad, who is the complainant, took the decision as a speaker against the two journalists and Srinivas was a member of the three-member committee. Both editors have said that they will go to courts to protest against the unanimous move by the Karnataka legislators.

“I am strong enough to fight a legal battle against a system that attempts to curtail my rights to write about the mistakes and failures of the government,” Belagare said in a statement over the weekend.

The Karnataka government says that it is not involved in the issue. "There was a complaint by the MLAs, the Speaker had referred it to legislature committee. They have taken the decision," says T B Jayachandra, Karnataka  Law  Minister.

The Editors Guild of India has condemned the move saying the decision violates the fundamental right of freedom of speech guaranteed under the Indian constitution and the freedom of the press. "It is also a gross misuse of the powers and privileges of a state legislature. The Guild urges the Karnataka Assembly to withdraw its resolution without delay," the independent press body said.

"The Editors Guild of India is of the firm view that journalists must have the freedom to write critical articles against all such elected representatives of the country and hold them accountable to their actions without fear or favour. The Guild points out that the right to try and sentence journalists for defamation is vested with the courts of law and the Karnataka Legislative Assembly cannot and should not misuse its powers and privileges to conduct a trial and sentence any member of the press for libel," it said.