Journalists and lawyers were obliged to divulge sources as well as information relating to terrorist activities to police under POTA as it has been universally recognised that they did not enjoy any special privilege in matters of vital national interest, Attorney General Soli J. Sorabjee today said before the Supreme Court.This submission was made by the A-G before a bench comprising Justice S. Rajendra Babu and Justice G.P. Mathur while defending the validity of Section 14 of POTA requiring ‘‘anyone’’ to furnish information to police if the investigating officer had reasons to believe that such information would be useful for curbing the menace.Sorabjee said Section 14 of POTA contained nothing new but was a milder version of Section 39 of the CrPC which made it obligatory on every person to tell a magistrate or police any commission or even intention to commit an offence.However, constitutional experts think the clause may affect independent journalism. Noted constitutional lawyer Rajeev Dhawan said: ‘‘Implementing a law or declaring a policy which would impede investigative journalism is not in public interest. Journalists need to investigate stories and have the right to protect the confidentiality of their sources.’’On Section 21 of POTA, under which MDMK leader Vaiko was arrested, Sorabjee said mere expression of moral support per se would not fall within the mischief of the anti-terrorism legislation. Virtually giving a clean chit to Vaiko, he said: ‘‘Section 21 would not cover any expression or activity that doesn’t have the element or consequence of furthering or encouraging terrorist activity or facilitating its commission.’’Referring to the word ‘‘individual’’ in Section 14 of POTA, Sorabjee said the same would include a journalist. Citing several decisions by courts across the globe including India, he said that where disclosure was essential for effective administration of justice or in order to prevent harm being done to national interest or security, journalists could be compelled to disclose their sources.However, Sorabjee added that ‘‘decided cases establish that protection should be given to journalists’ source of information and courts must be circumspect and cautious in requiring them to disclose their sources.’’
