Leaky journalism

BY s r ramanujan| IN Media Practice | 18/11/2008

Thanks to the over-zealous investigative agencies of different states, not just the Mumbai ATS, and the collusion of the TRP-dependent television media with such agencies for "leaks", the image of the media, especially the news channels, is deteriorating at the same speed with which they "break" the news, reliable or not so reliable.

Just prior to Malegaon blasts in September this year, we were fed with liberal doses of "jihadi terror" stories and the anti-terror squads in different states came out with quite a few "master-minds" and "kingpins". Each blast, whether in Mumbai, Ahmedabad, Jaipur, Delhi, or Hyderabad had a master-mind of its own. The Police and the politicians stopped pointing fingers across the borders and started looking inwards. The focus shifted from LeT, HuJI etc to SIMI, Indian Mujahudeen and Islamic Security Force. Our police always take to the extremes, either they stand as silent spectators as we saw in Chennai Law College or overact with no rhyme or reason as they had been rounding up Muslim youth till Muslim anger erupted after the Batla House encounter.

 Of course, there is a temporary lull now. The only difference is that the "master-minds" have taken a different hue. However, this trend prompted certain civil society groups to express concern over media’s "demonization" of communities.

In a discussion organised by "Peace Hyderabad", participants felt that description as "kingpins" and "masterminds" of those allegedly behind terrorist violence only "helped in internalising them in public perception"... "Such descriptions begin immediately after Police pick up Muslim youth at random and much before the beginning of a proper court trial."  The electronic media, in particular, came in for sharp criticism for its "ignorance-tinged" reporting on terror targeting a community. A view that emerged at the meet was that the media was getting influenced unquestioningly by the findings of intelligence and enforcement agencies.

Investigations into the Malegaon blast case by the Mumbai ATS may or may not be in the right direction and the tools they used may not be legally valid or even scientific according to some forensic experts. But how does the electronic media behave while reporting these investigations? It is no better than the Arushi Talwar murder case. In the Arushi case, both the UP Police and the CBI bungled very badly and resorted to deliberate leaks to suit its warped findings. Finally, the media which dished out salacious information on the basis of leaks had egg all over its face. The coverage also prompted the Supreme Court to observe that the media was acting as "super investigative agency". Certainly, the cops were using the media to cover up the loopholes in their investigation.

The probe into Malegaon blasts was no different. The media was taken for a ride and what was worse, the media obliged the cops most willingly in their race for numbers by passing on to us the "leaks" handed out to them by the Mumbai ATS.

It started with ‘Sadhvi’ Pragya Singh Thakur who was first labeled as the "mastermind" behind the Malegaon blasts. Then, this role was shifted to Lt Col Srikanth Prasad Purohit. Now, we are told it was "Dayanand Pandey" who masterminded all the blasts in the country targeting a particular community. The run-up to this stage of investigation was a great comedy.

After the  Sadhvi, the focus shifted for a while to one Asimanand and his ashram in Dangs in Gujrat. Television showed us the visuals of the Ashram which was supposedly raided by Mumbai ATS. It was reported that the Swami of this ashram provided his vehicle and driver to ‘Sadhvi’ to tour the districts. Subsequently, we did not hear anything about this Swami nor did the media pursue it further.

The real media drama or rather trial started when the Public Prosecutor filed a petition in the Nashik Court for permission to interrogate a spiritual leader of Uttar Pradesh.  Unfortunately for the media,  the Prosecution lawyer did not reveal the identity of the spiritual leader. This let loose a very wild guess work and the reporters  put on their "super investigative" hat and began the operations. The first media "suspect" was the BJP MP from Gorakhpur Yogi Adityananda and the anchors started screaming that the" terror investigation leads to the doors of the BJP". To give credence to this, another BJP MLA from Tulsipur in UP, Mahant Kaushalendra was also included in the list of "suspects" quoting "sources".

The media reports provoked the firebrand Yogi Adityananda to dare the Union Home Minister and the Maharashtra Home Minister to arrest him. Reacting to this, a television channel wondered what sort of a law maker is he to say hell to the law enforcing agencies. On the same day, the Yogi was also on a panel discussion. The anchor donned the role of an investigator and started interrogating him on the screen. It appeared as if even the professional investigators had to learn a lesson or two from this anchor.

When the Yogi issue became too hot, the ATS clarified that no politician was involved and that only one spiritual leader was on their radar. Puzzled at this development, the channels dropped Yogi and began the search for another spiritual leader. This time, they zeroed in on a swami who is frequently found on the faith channels giving discourses. He read out a prepared statement to the media stating he might have met ‘Sadhvi’ Pragya once or twice since he had initiated her into "Sanyas" like thousands of others in the Kumbh Mela and that "she can be hanged if she was found guilty".

With this, the media was getting exasperated and then the "leak" came that the ATS was looking for one "Dayanand Pandey", a Jammu-based self-styled spiritual leader. First, a story was put out that the UP Police was not cooperating with the Mumbai ATS in apprehending "Pandey". And this was denied by the UP Police. A terrorist, as a perceived logic, should operate under different names. Isn’t it?  So, the media started saying "Dayaanand Pandey, alias Sudhkar Dwivedy alias Swami Amritanand Dev and that he had many faces. However, The Hindu reported "his name had earlier been disclosed as Dayaanand Pandey, but following calls from DGP’s office late on Wednesday night, it was given as Sudhakar Dwivedy, son of Dayanand Dwivedy. He had taken the name Amritanand and became Peethadeeshwar of the Sharada Sarvagya Peeth in Jammu"  But, there was no correction forthcoming in the channels which earlier made his father’s name as his alias name. Normally, when someone in the Hindu tradition takes to "sanyas", he changes his name. So much for accuracy of facts even while naming a person!

The latest "leak" that was fed to the nation by ATS, courtesy media, was that ATS was looking at the possibility of  Lt Col Purohit’s links to Samjhauta Express and the blasts at Mecca Masjid in Hyderabad. Obviously, the ATS does not seem to be doing its home work.

Let us take the blasts in Hyderabad. The local dailies reported on September 6, 2008 that one sheikh Abdul Kaleem revealed during narco analysis test conducted at the Forensic Lab in Bangalore in the presence of Spl Intelligence Team of Hyderabad Police that he was responsible for providing 100 sim cards used by terrorists in the Mecca Masjid, Lumbini Park and Gokul Chat blasts. The Police also accused him of having contacts with Bangladesh terrorists. Kareem also revealed that there must be more explosive hidden in the city for further blasts as RDX and ammonium nitrate in a massive amount have been smuggled from abroad to the city for the three blasts in Hyderabad. Imran, another accused revealed during narco test and brain mapping test that massive explosives have been concealed in his house and it includes ammonium nitrate that was used in Mecca Masjid, Lumbini Park and Gokul chat blasts.

The narco tests, both on Lt Col Purohit and Kaleem/Imran, were conducted in the same forensic lab on two different occasions and in two different cases. Now, which is correct? Either the Mumbai ATS or Hyderabad Police is misleading the nation.

Throughout Sunday, the channels have been putting out stories that Lt Col Purohit sourced RDX from the army for Samjhauta Express blasts in February 2007. Well, what we were told in 2007 was a different story. The Delhi Police which probed the Samjhauta blasts did not say RDX was used. On the contrary, they were of the view that "incendiary devices" were used and not bombs. Now, on Monday, Times of India tells us "ATS denies RDX in Samjhauta blast". Well, did the ATS say in the first place that RDX was used? Who ‘invented’ the use of RDX ?

Read on the Times report(Nov 17): "Public Prosecutor Ajay Misar had on Saturday told a Nashik court that pilfered RDX was used in the Samjhauta blast. But on Sunday, he blamed the media for "wrong interpretation". I told the court that the Police have to find out whether the 60 kg RDX was used in some blasts across the country, including the Malegaon blast."

The ATS chief Hemant Karkare also disowned the report. He said "I don’t know what Misar has told the court. We have not mentioned the use of RDX (in the Samjhauta case) in the remand papers. Even the Army has rubbished the claim of ATS stating that the army does not use RDX for making bombs and that Lt Col Purohit was not an expert in bomb making. Where does this leave the media now after they bombarded the viewers with the news linking Purohit to Samjhauta case for two days?

It is abundantly clear that the Police use the media to cover up unprofessional and weak probes. Should the media oblige whether it involves Jihadi terrorists or Saffron terrorists? Is it not time that the media evolves a code of conduct for reporting criminal investigations so that it does not slip up so badly as in the recent past?

It may be quite relevant to point out here what the Chief Justice of India said recently. He had criticised the Police tendency to reveal information to the media during the investigation as it encroaches upon the right to privacy. He also observed while participating in a workshop in Mumbai that freedom of the press means people’s right to know CORRECT (emphasis mine) news. Further, in a different context, the Supreme Court also held that a person’s reputation is an inseparable part of his fundamental right to life and liberty. This applies equally to everyone, whether he is a small time SIMI activist or a sadhu or an army officer.

If the media, especially the electronic ones, has to retrieve its tattered image before it is too late, it has to come out with well-defined guidelines, based on a broad consensus, for coverage of criminal investigations. No government is going to tell the investigators not to indulge in premature disclosure of facts pending the submission of charge sheets before the judicial bodies because any government’s tool is "leaks" that suit them politically.