Rule of Law
Current situation:
- The Enforcement Directorate has recently questioned a small number of media organisations. The media outlet is accused of receiving funding from one or more organisations that serve as extensions of China’s propaganda apparatus.
- The idea is that a media outlet that received “tainted funds” will inevitably adopt stances against the interests of the country on a number of delicate and divisive subjects.
- The media organisation has refuted these accusations and stated that it is possible to review its publications to determine whether or not it has taken a pro-China stance.
Maintaining the Law’s Upholding:
- Any think tank, media outlet, or non-governmental group that is truly suspected of breaching the law needs to have its activities looked into.
- A criminal crime or illegal actions must be charged and tried in a court of law if these investigations turn up any evidence of them.
- It goes without saying that these organisations must abide by the law, just like any other person or group.
- Law enforcement organisations must simultaneously keep in mind three ideas that are fundamental to our democratic system. These ideas are so fundamental to our democracy that stating them does not require legal expertise, which this author does not possess.
When putting the rule of law into practise, the following guidelines must be observed:
Maintaining the judicial examination:
- One is that top police and security personnel must take greater care to ensure that the evidence supporting their actions will withstand judicial review the more severe the law used against these organizations—or any other individual or group, for that matter.
- It is inexcusable that people spend years behind bars before being granted parole by higher courts. It is also disgusting when publications or groups are ordered to close but later have their legal basis for taking such extreme measures ruled out by the courts.
Reducing unintended damage:
- Secondly, every effort must be made to minimise collateral harm. If there is a claim that funds were obtained illegally and used for activities that violate the state’s sovereignty, territorial integrity, or security, the allegations cannot be made so broad as to include people who, despite their affiliation with an organisation, cannot be assumed to be involved in or aware of these activities.
- This is particularly true in terms of media establishments. A culture of constant fear is inimical to the principles and ideals of the Republic.
- Senior law enforcement officials have an obligation to defend the Republic’s core principles while thwarting those who would undermine the state.
Need to expedite the bail or trial process:
- Three, the courts and law enforcement must make sure that cases under laws where bail is difficult to obtain are resolved quickly.
- There is a valid argument that thousands of people who are awaiting trial nationwide are incarcerated and that their cases ought to be moved forward more quickly.
- Therefore, there’s no need to treat people accused under strict laws that prohibit bail any differently.
- This argument has some validity, however there is a difference between laws where bail is normally denied and those where people are kept in jail unnecessarily due to official indifference or poverty.
Way Forward:
- Without a doubt, think tanks, NGOs, and media outlets need to take great care to ensure that they do not unintentionally or intentionally accept funding from sources that are ultimately under the jurisdiction of foreign government agencies or institutions.
- Even accepting money can be illegal, but in the end, the courts should determine these kinds of disputes. Additionally, the legal system must move more quickly since it takes so long that, in many cases, the procedure itself becomes the penalty.
