Will personally jail those who script next Aseem Trivedi case: Katju

“If a wrongful arrest is made,when the person has not committed sedition,as Aseem Trivedi has certainly not committed sedition,then those people who make that wrongful arrest,it is a serious offence under the Indian Penal Code section 342,” Katju said.

“They must be booked. These policemen and if any political authority have ordered these arrests,they must be immediately arrested and put on trial,” he added.

Katju said one of the ways for a victim of a wrongful arrest was to approach a judicial magistrate.

“So,file criminal a complaint,make the minister,make the Director General of Police,the Superintendent of Police,the daroga,everybody as the accused and I am sure if some material is produced,a notice will be served and they will be put on trial,” he said.

The Press Council chairperson said he did not want to comment on judicial proceedings which were still pending but added it was a serious offence to lock up a person when he has not committed a crime.

“If this thing is repeated ever again and it comes to my knowledge that such illegal arrest is made,when there is no crime committed,I,as the chairperson Press Council,am going to institute criminal proceedings and get the person locked up whether he is chief minister or minister or Director General of Police,” Katju said.

“By now,you must be knowing what kind of person I am,” he said.

Katju also said the cartoonist had “no intention of insulting the honour of national emblem. His intention was to say that these politicians are corrupt,the system has become corrupt. This was the intention …no guilty mind.”

The former Supreme Court judge criticised Mumbai Police Commissioner Dr Satypal Singh who had reportedly said that cartoonists should not cross limits.

“This chief of police is talking nonsense. Don’t say that a man (who) has become the chief of police,he will always talk sensible things. There are many people in high places who talk nonsense and he seems to be one of them,” he said.

“I say he is talking rubbish…..He is talking anti-democratic things….” he added. He further said that in a democracy,the people were masters and could criticise the authorities.

Speaking on the laws relating to sedition,the former apex court judge said that the Supreme Court had considerably narrowed the scope of this particular section in the judgment: Kedarnath Singh versus the state of Bihar.

“The Supreme Court considerably narrowed down the scope of that provision and said that it will only apply when there is incitement to violence. So,merely criticising the government and bringing the government into disrepute is not sedition,” he said.

“The law is very clear as interpreted in Kedarnath Singh’s case. Unless there is incitement to violence,which means immediate violence. That means suppose you give a speech that Parliament should be bombed or all politicians should be shot,that is not sedition,” he added.

In the interview,Katju was asked whether he felt the law relating to sedition should be done away with.

Katju said “it is better to scrap it,let us agree on that” but also added there were safeguards present even in the present form of the law.

Katju complimented the Supreme Court’s ruling about the coverage of judicial proceedings by the media.

“I think it is a correct ruling. It has struck a balance between the freedom of the media and also to give protection to accused in certain serious cases. Somebody may be facing a murder trial and the media trial may affect his defence,” he said.

“Even without this ruling,the law was the same and the court has the power to control the proceedings in the interest of justice,” Katju said.

Katju was asked about what he thought of the reported proposal of the National Security Council to enact a law to protect the privacy of people holding high public offices.

“Wrong proposal,yes,but I have not gone into the details,what exactly is there but certainly people have a right to scrutinise the functioning of officials,” Katju said.

“If it affects national interest,if you come in public life,then you must act in accordance with national interest,so our private life does not remain as private,” he added.

Katju also criticised the self regulation mechanism of the electronic media saying it was not effective and suggested they should televise proceedings.

He said his criticism of the electronic media had an effect as TV channels,which could have shown news related to the pregnancy of an actress,issued guidelines after he raised the issue.