Topic Of The Day:-“Probing The Press”
The Official Secrets Act can’t be an instrument to censor embarrassing media revelations
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 documentspertaining 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 Officeundermined the Indian Negotiating Team’s discussions with the French side; that 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 noimpact on national security. The publication of the documents and news reports based on themconstitute 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 downrightperverse. The government is also on weak legal ground when it claims the court should not relyon “stolen” documents while hearing petitions seeking a review of its judgment declining aprobe 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 anadjudication. 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 incontravention of the Act. In a limited examination of this section, the Law Commission observed in a 1971 report that its wording was quite wide. 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 imperativebehind 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 mediarevelations. It would do well instead to respond responsibly to questions thrown up by the revelations.
MEANINGS AND WORDS
1) distinction
Meaning : a difference or contrast between similar things or people(n).
Synonyms : contrast
Antonyms : concurrence
Example : “there is a sharp distinction between domestic politics and international politics”
2) claim
Meaning : state or assert that something is the case, typically without providing evidence or proof(v).
Synonyms : assertion
Antonyms : denial
Example : “the Prime Minister claimed that he was concerned about Third World debt”
3) pertaining
Meaning : be appropriate, related, or applicable to(v).
Synonyms : related
Antonyms : disconnected
Example : “matters pertaining to the organization of government”
4) indicates
Meaning : suggest as a desirable or necessary course of action(n).
Synonyms : announce
Antonyms : conceal
Example : “treatment for shock may be indicated”
5) behest
Meaning : a person’s orders or command(n).
Synonyms : bidding
Antonyms : answer
Example : “they had assembled at his behest“
6) undermined
Meaning : erode the base or foundation of (a rock formation)(v).
Synonyms : cripple
Antonyms : assist
Example : “the flow of water had undermined pillars supporting the roof”
7) Negotiating
Meaning : obtain or bring about by discussion(v).
Synonyms : conferring
Example : “he negotiated a new contract with the sellers”
8) hedge
Meaning : a way of protecting oneself against financial loss or other adverse circumstances(n).
Synonyms : fence
Antonyms : opening
Example : “index-linked gilts are a useful hedge against inflation”
9) revelations
Meaning : a surprising and previously unknown fact that has been disclosed to others(n).
Synonyms : epiphany
Antonyms : concealment
Example : “revelations about his personal life”
10) impact
Meaning : the action of one object coming forcibly into contact with another(n).
Synonyms : blow
Antonyms : avoidance
Example : “there was the sound of a third impact”
11) constitute
Meaning : be (a part) of a whole.
Synonyms : establish
Antonyms : destroy
Example : “lone parents constitute a great proportion of the poor”
12) legitimate
Meaning : conforming to the law or to rules(adj).
Synonyms : certain
Antonyms : affected
Example : “his claims to legitimate authority”
13) perverse
Meaning : showing a deliberate and obstinate desire to behave in a way that is unreasonable or unacceptable(adj).
Synonyms : wicked
Antonyms : agreeable
Example : “Kate’s perverse decision not to cooperate held good”
14) declining
Meaning : becoming smaller, fewer, or less; decreasing(adj).
Synonyms : refuse
Antonyms : accept
Example : “declining budgets”
15) probe
Meaning : a thorough investigation into a crime or other matter(n).
Synonyms : exploration
Antonyms : denial
Example : “a probe into city hall corruption”
16) procured
Meaning : obtain (something), especially with care or effort(v).
Synonyms : appropriate
Antonyms : dissuade
Example : “food procured for the rebels”
17) relevant
Meaning : closely connected or appropriate to what is being done or considered.
Synonyms : compatible
Antonyms : improper
Example : “what small companies need is relevant advice”
18) adjudication
Meaning : the action or process of adjudicating.
Synonyms : verdict
Antonyms : indecision
Example : “the matter may have to go to court for adjudication”
19) notion
Meaning : a conception of or belief about something(n).
Synonyms : conception
Antonyms : concrete
Example : “children have different notions about the roles of their parents”
20) indeed
Meaning : used to emphasize a statement or response confirming something already suggested(adv).
Synonyms : certainly
Antonyms : doubtfully
Example : “it was not expected to last long, and indeed it took less than three weeks”
21) contravention
Meaning : an action which offends against a law, treaty, or other ruling(n).
Synonyms : breach
Antonyms : agreement
Example : “the publishing of misleading advertisements was a contravention of the Act”
22) imperative
Meaning : of vital importance; crucial(adj).
Synonyms : critical
Antonyms : trivial
Example : “immediate action was imperative”
23) disclosure
Meaning : the action of making new or secret information known(n).
Synonyms : confession
Antonyms : concealment
Example : “a judge ordered the disclosure of the government documents”
24) refrain
Meaning : stop oneself from doing something(v).
Synonyms : burden
Antonyms : silence
Example : “she refrained from comment”
25) revelations
Meaning : a surprising and previously unknown fact that has been disclosed to others(n).
Synonyms : discovery
Antonyms : cover
Example : “revelations about his personal life”
