Case Studies On Attacks Against Journalists And Media Personnel
1. Shujaat Bukhari Case (2018) – Srinagar, Jammu & Kashmir
Background:
Shujaat Bukhari, a prominent journalist and editor-in-chief of the newspaper Rising Kashmir, was assassinated on June 14, 2018, outside his office in Press Enclave, Srinagar. He was leaving his office when gunmen opened fire, killing him and his two security personnel.
Nature of Attack:
The killing was premeditated, linked to his outspoken journalism and efforts to promote peace and dialogue in Kashmir. Bukhari was known for advocating balanced reporting in a region often polarized by conflict narratives.
Legal Proceedings:
The Jammu and Kashmir Police identified several suspects with alleged ties to militant organizations.
The National Investigation Agency (NIA) later took over the case, linking the attack to Pakistan-based militant groups.
One accused, Naveed Jutt, a Lashkar-e-Taiba militant, was killed in an encounter later in 2018.
Significance:
The case highlighted the extreme vulnerability of journalists in conflict zones.
It triggered debates over the State’s duty to protect journalists and the chilling effect such killings have on free press.
The murder also exposed the lack of an effective witness and journalist protection mechanism in India.
2. Gauri Lankesh Case (2017) – Bengaluru, Karnataka
Background:
Gauri Lankesh, editor of Gauri Lankesh Patrike, was shot dead outside her Bengaluru home on September 5, 2017. She was known for her rationalist views, criticism of communalism, and advocacy for secularism.
Nature of Attack:
The assassination was carried out by members of an extremist outfit that targeted rationalists and journalists critical of right-wing ideology.
Legal Outcome:
The Special Investigation Team (SIT) of Karnataka arrested several suspects linked to the Sanatan Sanstha.
In 2024, the main accused Naveen Kumar and others were charged under IPC Sections 302 (murder), 120B (criminal conspiracy), and the Unlawful Activities (Prevention) Act (UAPA).
The trial remains ongoing, with strong forensic evidence linking ballistic data from other murders (e.g., M.M. Kalburgi and Narendra Dabholkar).
Significance:
This case became a landmark for freedom of expression, showing the risks faced by journalists and rationalists.
It reinforced the legal debate around hate crimes and targeted killings.
It led to public demand for stronger protection of dissenting voices in journalism.
3. Daniel Pearl Case (2002) – Pakistan (International Precedent)
Background:
Daniel Pearl, the South Asia Bureau Chief of The Wall Street Journal, was kidnapped and murdered in Karachi, Pakistan, in 2002 while investigating terrorist networks.
Legal Outcome:
The main accused, Ahmed Omar Saeed Sheikh, was convicted and sentenced to death in 2002.
However, in 2020, the Sindh High Court overturned the conviction, sparking global outrage.
The Supreme Court of Pakistan later upheld the acquittal, raising questions about the rule of law and impunity in crimes against journalists.
Significance:
The case became an international symbol of press freedom under threat.
It demonstrated how terrorist organizations target journalists as part of their propaganda and intimidation strategy.
The United Nations and press freedom groups have cited this case in advocacy for global protection mechanisms for journalists.
4. Jyotirmoy Dey Case (2011) – Mumbai, Maharashtra
Background:
Jyotirmoy Dey, a senior crime journalist working with Mid-Day, was shot dead in Mumbai on June 11, 2011, allegedly by gangsters linked to Chhota Rajan.
Legal Outcome:
The Maharashtra Police arrested 11 accused, including Chhota Rajan.
In 2018, the Special MCOCA Court (Mumbai) convicted Rajan and eight others under the Maharashtra Control of Organised Crime Act (MCOCA).
The court found the murder was due to Dey’s investigative reports exposing underworld activities.
Significance:
The case was a rare instance where the justice system secured convictions in a journalist’s murder.
It revealed the nexus between the underworld and media, and how journalists exposing organized crime face grave threats.
It reinforced the importance of MCOCA and witness protection in cases involving journalists.
5. Parag Bhuyan Case (2020) – Assam
Background:
Journalist Parag Bhuyan, associated with Pratidin Time and Axomiya Khabar, died in a hit-and-run case on November 11, 2020, near his home in Kakopathar, Tinsukia district.
Nature of Attack:
Though initially treated as an accident, later investigations indicated possible foul play.
Bhuyan had recently published reports exposing local corruption and illegal activities.
Legal Developments:
The CID (Criminal Investigation Department) investigated the case.
Allegations were made that his death was a targeted attack disguised as an accident.
Proceedings remain inconclusive, showing delays in justice for journalists in rural areas.
Significance:
Exposed lack of prompt investigation and accountability in attacks outside metropolitan areas.
Reignited debate on the need for a national journalist protection law in India.
6. Case Law and Constitutional Perspective
Relevant Constitutional Provisions:
Article 19(1)(a): Guarantees freedom of speech and expression.
Article 19(2): Allows reasonable restrictions (public order, decency, etc.), but attacks and intimidation cannot be justified under these grounds.
Judicial Observations:
Romesh Thappar v. State of Madras (1950 AIR 124): The Supreme Court held that freedom of the press is an essential part of freedom of speech and expression.
Indian Express Newspapers v. Union of India (1985 AIR 515): The Court recognized the press as the "fourth estate" and emphasized the need for an environment free from intimidation.
Prabha Dutt v. Union of India (1982 AIR 6): Upheld the right of journalists to access and report matters of public interest.
Conclusion
These case studies collectively reveal:
Pattern of impunity in crimes against journalists.
Gaps in legal protection, especially for those working in regional or conflict areas.
The urgent need for a national framework ensuring safety and justice for media personnel.
Courts have repeatedly underscored that a free and fearless press is essential for democracy, and the State has an affirmative duty to safeguard journalists.
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