S.No. 36                                                     F. NO. 14/7/03-04-PCI

Dr. Chanakya Das,
Prof. Department of Obstetrics
and Gynaecology, Gauhati Medical College
and Hospital, Guwahati.  

Versus

The Editor,
Aji Assamese daily,
Guwahati.

Complaint:

          Dr. Chanakya Das, Professor, Department of Obstetrics and Gynaecology, Guwahati Medical College and Hospital Guwahati, Assam has filed this complaint dated 12.4.2003 against “Aji”, Assamese daily of Guwahati for publication of allegedly false, baseless and imaginary news item captioned “Government family planning programme ends up in smoke” and sub-titled “No operation without bribe for GMC doctors” on the first page in its issue dated 13.3.2003.

          English translation of the impugned news item reads as follows:

            “Srimati Laheswari Deka a 44-year old lady came to Guwahati Medical College not for some complicated operation but for simple surgery done for Family Planning purpose. Expecting that her surgical procedure and hospital stay would be completed within a week. Laheswari Deka came from Kumargaon, Mangoldoi and got admitted through the Emergency Department. Inspite of being in the hospital not just for a week but for 2 weeks Laheswari was unable to avail the service of family planning programme. She spent a fortnight without food and without sleep and was still unable to get any surety from the authorities regarding her sterilization operation. Laheswari Deka was compelled to return home with bag and baggage giving up hope of any further medical service. Laheswari Deka admitted on the 25^th of February and after medical check up the authorities decided to have her operation on the 5^th March. On the 4^th March the family members of the patient arranged blood in advance for the operation as directed by the authorities. The patient along with the rest of the family members were eagerly waiting for the operation, when it was announced that the operation was temporarily deferred on the pretext of the doctor being busy with the Minister’s visit. The attendants were informed that the operation would be done on the same day next week. The family members trusted what the doctor said and awaited the operation. The expectations of the patient and the family were shattered when the authorities announced that the operation would be suspended again. According to family sources on the pretext of failure of electricity the authorities cancelled the operation of Laheswari on 12^th March for the second time. In spite of cancelling the operation twice the authorities till date have not given a confirmed date for the operation. Instead of confirming the date of operation the doctor on duty Chankya Das told the family members unconerningly, your operation will not be possible on next Wednesday due to Holi and the operation is not confirmed in the following week too. If you want you can go home”.

          ‘After this version of Dr. C. Das the family members of Laheswari Deka decided to take the patient home, even after arranging blood for the operation, which did not actually take place. As the patient left the hospital, the incident had proved the extreme irresponsible behaviour of the authorities. This has proved that catchy slogans such as ‘small family happy family’ and ‘Boy or Girl, one is enough’ which has been a part of the family planning programme are futile or meaningless.”

          Denying the allegations in impugned report, the complainant alleged that the version was totally baseless and imaginary and had maligned the entire doctor community. He stated that Smt. Laheswari Deka was an old mother of 7 children who had attained menopause 10 years back. She had her sterilization operation done 18 years back at the Mongoldoi Civil Hospital. The complainant further stated that Smt. Deka’s uterus had come out through the vagina as a result of which she had blood stained discharge off and on. She also had an ulcer in the cervix. She was anaemic and had high blood pressure.  The patient could be operated upon only after controlling these ailments. In order to treat these the patient had to be kept in the hospital a few days prior to the operation. The operation was postponed for a major power breakdown in the operation theatre.  In these circumstances It was not justified to blame the doctors or the hospital authority. The complainant further submitted that during Holi, the operation theatre for routine surgeries remained closed only emergency services was available. Mrs. Deka’s health condition was not a medical emergency, therefore, the allegation of the respondent was totally false that without bribe operations were not being done in Gauhati Medical College.

          The complainant submitted that the respondent-reporter had written the incident without even visiting the patient or the hospital concerned, just to report, the respondent not only projected a wrong impression but also insulted and maligned him in public view affecting 25 years of public service. According to the complainant, he wrote a letter dated 15.3.2003 to the respondent-editor and he was not satisfied with the clarification published on 21.3.2003 in a letter to editor column being inconspicuous.

          The complainant further submitted that the matter was informed to the Principal-cum-Chief Superintendent of the Gauhati Medical College who set up an Inquiry Committee to investigate the matter. The Committee also invited the respondent-editor but he did not turn up. The Committee took his version of the incident, the patient’s version and also the explanations of the attendants of the patient. The Committee submitted their report to the Principal. Meanwhile the patient had been recovering fast and her general condition had improved and she was discharged on 11.4.2003. According to the complainant the patient’s husband had strongly denied the allegation made in the impugned news item and submitted his version of the incident on the 3^rd of April 2003 which was accepted in the office of the paper “Aji” but the clarification was not published. This proved that the paper was not interested in publishing facts.  

No written statement

          A show-cause notice dated 7.5.2003 was duly served on the respondent editor. Written statement was not filed. 

Appearance before the Inquiry Committee

          The matter was called out for hearing before the Inquiry Committee at Kolkata on 27.5.2005. The complainant, Dr. Chankya Das appeared in person while there was no appearance on behalf of the respondent daily, Aji, Assamese daily. Shri Ajit Kumar Bhuyan, Editor vide his letter dated 23.5.2005 submitted that they had not received any communication or copy of the complaint except the notice of hearing. He requested that a copy of the complaint be sent to him and also requested for adjournment so that he could prepare his counter to this complaint.

          The Committee noted form the record that the show cause notice dated 7.5.2003 of the Council had been duly received by the respondent on 30.5.2003 as the A.D. card signed by the editor himself was on the record. The Committee thus declined the request for adjournment by the respondent editor. 

Proceedings before the Inquiry Committee

          The Complainant in his oral as well as written arguments reiterated the averments made in the complaint. He added that it was reported that he wanted bribe for the operation. The news was published prominently. It was factually incorrect, defamatory and aimed at damaging his reputation. After the publication a departmental enquiry took place to which editor was also called but he did not cooperate. His clarification was published in an insignificant manner in the letters to the editor column, which was improper since the impugned report had been sensationalized as a boxed item on front page. He argued that the publication was nothing but yellow journalism. 

Recommendations of the Inquiry Committee

          The Committee considered the material on record and the oral arguments advanced before it by the complainant.

          Before dealing with the matter on merits, the Inquiry Committee expressed its deep concern over the indifferent and irresponsible attitude of Aji, Assamese daily in not filing its written statement in response to Council’s show case notice dated 7.5.2004 which was duly received by it.

          On merits of the case, the Committee felt that the respondent newspaper while publishing the impugned news report had given a damaging headline to it to insinuate that the operations in Guwahati Medical College were done only after taking bribe. The news report was per se defamatory and had the effect of damaging the reputation of the complainant in particular and the Doctors of the Hospital as also to shake the faith of the general public.  It appeared to the Committee that the editor had published the news report recklessly. No attempt had been made to verify the facts at pre-publication stage from the Hospitals authority. The respondent had not carried the clarification of the complainant at a proper place. In the absence of any statement in reply the Committee had no hesitation in holding from the facts on file that the respondent had no defence to offer. The respondent, the Committee held, had violated the norms of journalistic conduct regarding defamatory writings, pre-publication verification and right to reply. The Committee, thus decided to uphold the complaint and censure the respondent newspaper Aji, Assamese daily, its editor and the correspondent who filed the story in infraction of aforesaid norms of journalistic conduct. The Committee further decided to send a copy of the decision of the Council to DAVP, RNI, Information and Public Relations Department, Government of Assam and the District Magistrate, Guwahati for information and such necessary action as they deem fit in the matter. It recommended to the Council accordingly.   

Decision of the Council

          The Press Council, on consideration of the records of the case and report of the Inquiry Committee accepts the reasons, findings and the recommendation of the Committee and decides accordingly.