In October 1989, when The Hindu‘s then associate editor, N. Ram, was stopped in his tracks by his uncle and editor, G. Kasturi, from publishing the third part of an investigation into the Bofors gun deal, Ram found a novel method of getting the story out.
He called a press conference and handed out the story—done in collaboration with the paper’s Geneva correspondent Chitra Subramaniam—to any newspaper interested in carrying it.
In much the same manner, Indian Express editor-in-chief Shekhar Gupta has revealed how, in 2006, he found a way of getting out a story related to the elevation of a Delhi high court to the Punjab and Haryana high court, by giving the third part of the story to The Hindu.
Agarwal’s uncle, Hari Ram, had filed a case against his father in 1991.
Hari Ram’s son-in-law was, at the time, a judge in the Delhi High Court (Justice Arun Kumar). The case was heard by Justice Vijendra Jain. The two judges knew each other well enough for Justice Jain to lend his official residence to be used by the petitioner Hari Ram, for his grand-daughter’s wedding.
The wedding invitation card, with the judge’s residence printed on it, became the evidence for Subash Agarwal to approach both the Supreme Court and the President of India in 2005. The chief information commissioner’s verdict showed the power of RTI.
Justice Vijendra Jain was later made chief justice of the Punjab and Haryana high court, but his elevation to the Supreme Court as a judge was stalled, despite the then chief justice Y.K. Sabharwal reportedly overruling the recommendation of the President of India, A.P.J. Abdul Kalam.
Shekhar Gupta: So you discovered then the power of RTI which nobody had figured until then?
Subash Agarwal: Yes. The media made me strong. The media highlighted the CIC verdict and that shook the whole of the judiciary.
What happened to these judges then?
After the CIC verdict was published in the media, there was pressure on my uncle from his son-in-law and his associates in the higher judiciary, which also included the Chief Justice of India. And then he had to compromise though we had to pay a price much higher than the value of (the disputed) property at that time.
But the fact also is that one particular judge who later rose to be Chief Justice in a High Court could not ultimately come to the Supreme Court because of your activism.
Right. Mr Kalam held the file of promotion of that judge for elevation to the Supreme Court.
Even though the Chief Justice nearly overruled [the then President], Dr A.P.J. Kalam.
You remember that The Indian Express was in the forefront of following that story from Rashtrapati Bhavan. It’s a story I cannot yet tell on camera but we paid gravely for that, but we were willing to pay.
Yes. Your paper has always been the pioneer in highlighting such malpractices.
I made this disclosure public that our third story on that issue, I had to then, with great respect and understanding, give to The Hindu, to Mr N Ram, who played a great editor and published it instead because circumstances were such that the Express could not have carried it…So, this was the first time that an RTI activist actually prevented a judge who had risen to the level of High Court Chief Justice from coming to the Supreme Court.
He had almost reached the Supreme Court.
Coincidentally, in November 2006, the Indian Express‘ new editorial headquarters in the Qutub institutional area was “sealed“ following a Supreme Court judgement of a bench headed by chief justice Y.K. Sabharwal.
Ironically, in 2011, The Indian Express and The Hindu were involved in a noisy battle, after N. Ram threatened “defamation proceedings” against the Express for reporting on the internecine war within the Hindu family.
Photograph: courtesy in.com
Read the full interview: ‘Jan Andolan activism has failed’
Also read: Letter-writer secures win against top judge