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Compensate injured scribes adequately: HC

By A. Subramani

CHENNAI OCT. 11 . The journalists who sustained injuries and suffered damage to their property during the August 12, 2001 DMK rally at the Marina here are entitled to "adequate compensation", though their plea for a CBI probe into the incident could not be accepted, the Madras High Court has ruled.

Disposing of a petition filed by nine journalists today, Justice V. Kanagaraj, directed the K.S. Bakthavatsalam Commission of Enquiry, constituted by the Government on August 16, 2001, to submit its report in 30 days. "Though the Commission was initially required to complete its enquiry and submit its report to the Government within three months, inspite of the lapse of one year, it has not submitted its report''.

However, the Judge upheld the constitution of such a committee by the Government and described it as an answer to the circumstances of the case. "The constitution of the Commission is not only appropriate and legal, but also proper and would best provide opportunities for all to have a fair and free enquiry and to arrive at a valid solution,'' Mr. Justice Kanagaraj observed.

On the Government's stand that a quantum of compensation had been disbursed to some of the injured journalists, the Judge said: "Even though some compensation has already been made by the Government to some journalists, it should be borne in mind that it should not be granted for namesake. It should be adequate, to the extent of the injury or damage caused to the person or property, and in full consideration of the claim made by individual petitioners''.

Rejecting the report of a fact-finding team of journalists, Mr. Justice Kanagaraj said that though Section 8 of the Press Council Act 1978 empowered the Council to form a panel to inquire into certain complaints received by it, "under no circumstances such a report could either be compared or placed against a statutorily constituted Commission probing the same allegation or incident''.

The Judge pointed out that the petitioners had not even challenged or testified against the validity of the Government Order dated August 16, and the subsequent notification announcing the constitution of the Commission under the Commission of Enquiry Act 1952.

If any petitioner was aggrieved over the quantum of compensation offered by the Government, "he or she is always at liberty to move the court to consider their claim in full and proper manner'', he said.

The case, filed by a group of advocates and argued by the former Union Finance Minister and senior counsel, P. Chidambaram, witnessed 39 adjournments, before the orders were reserved on August 2 last.

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