SC blasts media over Goa mining stance

GOANEWS DESK, PANAJI | 19 September 2013 16:28 IST

The Supreme Court has blasted section of media for showing concern about economic growth, without corelating it to the principles of Constitution, while analysing the mining scenario in Goa.

The role of media was discussed yesterday during the ongoing hearing before the forest bench of the apex court, headed by Justice A K Patnaik.

Justice S S Nijjar and Justice F M I Kalifulla are two other members of the bench, which is hearing the year long pending case of mining ban in Goa.

As reported by Times of India, the bench remarked:  “media was concerned only about GDP and economic growth but not about constitutional principles.”

"What about right to life guaranteed under Article 21 of the Constitution and the jurisprudence developed on this issue over the years," the bench asked.

It felt that most pro-mining reports appearing in the media were inspired by lobbies working intensely for economic policies and development without co-relating it to rule of law and constitutionality of policies.

The court specifically referred to Directive Principles, mentioned in Part IV of the Constitution as well as Article 38, which asks the government to remove inequalities among citizens.

The forest bench also referred to Article 39 providing for a slew of welfare principles, including "operation of the economic system does not result in the concentration of wealth and means of production to the common detriment", as guiding principles for governance.

As reported by ToI, the judges made it clear that they are oath-bound not to uphold privatisation policies, which breached these principles of Constitution.

The remark apparently was made in reaction to the stand central govrnment took in the Parliament that the mining ban by the court had adversely affected the economy, both in Goa and at the centre.

The court reportedly even mentioned one editorial which talked about fiscal environment in contrast to the environment (ecology) of Goa.

“They (media) have absolutely no idea about constitutional principles”, said the court.

Adv Bhushan, while supporting this contention, said similar phenomena was witnessed when Radia tapes came into public domain.

"Lobbyists are giving what is to be written in editorials. We saw it in Niira Radia tapes," he said.

The forest bench expressed concern over the media’s mindset where GDP has become basic structure of the Constitution and all other principles are considered subservient to it.

As reported by ToI, the judges asked: “please tell us how are we to read Constitution Part IV? Do we discard it? There is privatization in the country but privatization has to go along with constitutional provisions.”

"Or else amend it (the Constitution) or scrap Part IV and then we may go forward. But with Part IV still there, we have to interpret Article 21 in the light of Part IV."

The apex court also pointed out that western countries, especially America, do not have part IV and thus cannot be compared with Indian Constitution.

“We have taken oath to uphold Constitution and not western policy," the Supreme Court has made it clear.  


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The Supreme Court did not mention that about 80% media in India is controled by three business barons. The media is really a puppet in their hands and mining is the best case to indicate this. In fact they are comparable with fox hunting parties in Brtitain

- Kalidas Sawkar, Panaji Goa | 20 th September 2013 12:49

 

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