Freedom After Speech – That Is Really What Freedom Of speech Is All About: Fali S. Nariman [Text & Video]

"Freedom after speech – that is really what freedom of speech is all about. Never forget this. You are allowed to speak, speak as much as you like, but there is a fellow waiting there to nab you and out you in so you can’t speak again. That is the protection we are asking for".Addressing a press conference on ‘NDTV Raids and Press Freedom’ at the Press Club of India, New Delhi, Senior Advocate Fali S. Nariman on Friday condemned the ongoing attacks on the freedom of press and termed the CBI raids on NDTV as an “unjustified attack on press and media freedom”.Mr. Nariman then emphasized on the fact that the press and the media supported by an independent judiciary are the only safeguards to an open democracy.Narrating an incident he stated “Freedom after speech – that is really what freedom of speech is all about”“As to the topic – press freedom – we are here speaking amongst the already converted. We citizens enjoy freedoms that are not enjoyed in most places in the continent of Asia. "I did not realise this until a few years ago when my wife and I attended the Commonwealth Law Conference in Kuala Lumpur: one of the delegates was a retired judge of Malaysia’s court of appeal, and he told a crowded hall of over 1,000 delegates in the presence of the then prime minister, Mr Mahathir, who as you all know was not exactly a liberal.The retired judge said in a loud voice – “Our written constitution guarantees freedom of speech”; loud applause. Then after a long pause he added – looking towards his prime minister –“But it does not guarantee freedom after speech!”Freedom after speech – that is really what freedom of speech is all about. Never forget this. You are allowed to speak, speak as much as you like, but there is a fellow waiting there to nab you and out you in so you can’t speak again. That is the protection we are asking for".Read the Full Text of Speech as published by The Wire is as follows;I am a stranger here, I neither own a newspaper or channel. I come here on invitation to say a few words to you not only because I fervently believe in our constitutionally guaranteed press or media freedom, but more importantly and more significantly because I also believe in the independence, integrity and honesty of Prannoy Roy of NDTV – a friend of more than 30 years – on whose invitation I attend this meeting.As to the topic – press freedom – we are here speaking amongst the already converted. We citizens enjoy freedoms that are not enjoyed in most places in the continent of Asia.I did not realise this until a few years ago when my wife and I attended the Commonwealth Law Conference in Kuala Lumpur: one of the delegates was a retired judge of Malaysia’s court of appeal, and he told a crowded hall of over 1,000 delegates in the presence of the then prime minister, Mr Mahathir, who as you all know was not exactly a liberal.The retired judge said in a loud voice – “Our written constitution guarantees freedom of speech”; loud applause. Then after a long pause he added – looking towards his prime minister –“But it does not guarantee freedom after speech!”Freedom after speech – that is really what freedom of speech is all about. Never forget this. You are allowed to speak, speak as much as you like, but there is a fellow waiting there to nab you and out you in so you can’t speak again. That is the protection we are asking for.Let me make one thing clear. No one is immune from being prosecuted for a criminal offence – not any of you, not I, not Prannoy Roy, not NDTV. We can all be prosecuted.But the manner and circumstances and the so called justification of the CBI raids on NDTV (much publicised thereafter) do give me reason to believe that all this (these raids and the FIR filed by the CBI) are definitely an unjustified attack on press and media freedom.Let me tell you why.On June 2, 2017, an FIR was lodged by the CBI alleging criminal conspiracy, cheating and criminal misconduct on the part of NDTV, Prannoy Roy and his wife Radhika Roy and unknown officials of ICICI Bank about something that took place during the financial year 2008-2009. Mark that please, seven years later, an FIR is lodged.The FIR was lodged by CBI in the CBI court on the basis not of any discovery by the CBI on its own but only and solely on the basis of information supplied by one Sanjay Dutt, director, Quantum Securities Pvt. Ltd. to the director CBI in his letter of complaint dated April 28, 2017 (marked confidential).Although the criminal misconduct was said to have occurred in the year 2008-2009 – as to why it was not brought to light earlier was neither mentioned nor explained in the complaint letter of April 28, 2017 addressed by Sanjay Dutt to the CBI. Nor did the CBI bother to find out why something that happened in the year 2008-2009 was not brought to the notice of the CBI court or of any other criminal court or any other person before April 28, 2017.The entire FIR filed by the CBI before the CBI court is based only on information...

Freedom After Speech – That Is Really What Freedom Of speech Is All About: Fali S. Nariman [Text & Video]

Apoorva Mandhani

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