Code of Criminal Procedure- 1973

It summons to produce documents or other things whenever any court or any officer in charge of a police station considers that the production of any document is necessary or desirable for the purpose of any investigation, enquiry, trial or other proceedings. In such case court may issue a summon for such officer or to the person in whose possession such a document is believed to be, reminding him to produce it at the time and place stated in the order. Where any court has reason to believe that a person to whom a summon has been addressed would not produce the document as required, the court may issue a search warrant. Court has the power to declare certain publications forfeited and to issue a search warrant when any newspaper, book or any document wherever printed appears to the government to contain any matter punishable under certain specified sections of IPC, that State Government will declare to be forfeited. The specified sections are 124-A- Sedition (Incitement to rebellion) 153-a- Promoting enmity between classes. 153-b- Prejudicial to national interests. 292-293- Obscene Publication 295-A- Insult to religious beliefs.

Parliamentary Privileges
Parliamentary Privilege is the sum of peculiar rights enjoyed by each house collectively as a constituent part of the high court of Parliament and as members of each house individually, without which they cannot discharge their functions and which exceed those possessed by other bodies or individuals. Thus certain special rights are enjoyed by Parliament and its members which are not enjoyed by other bodies or individuals. Such fundamental rights are believed to be necessary for the exercise of its constitutional functions. Parliamentary privileges is a composite word in a codified constitution. It is expressed by 3 distinct legal terms namely power, privilege, and immunity. a) Power An ability on part of a person to produce a change in a given legal relation by doing or not doing a given act. Thus Parliament has powers to exclude strangers, to punish condemners, to call for persons, papers and records, to determine its constitution and to call civil authorities to its aid in the execution of its orders. b) Privilege Privilege is a legal freedom on the part of one person as against another to do a given act or a legal freedom not to do a certain act. c) Immunity Immunity is the absence of liability. It is an exemption from the power of another. It is freedom on the part of one person against having a given legal relation altered by a given act on the part of another person. Contempt of Parliament. Any act or omission which obstructs or impedes either house of Parliament in the performance of its functions or which obstructs or impedes any member or officer of such house in the discharge of his duty, or has a tendency, directly or indirectly to produce such results even though there is no precedent of the offence. Breach of Privilege It is a specific term and is confined only to the class of contempt consisting in violation of or an assault on the Parliamentary privilege. Strictly speaking they are, the right of free speech, freedom from arrest etc. Constituents of Contempt of Parliament and Breach of Privilege by the Press 1. Publication of the proceedings of Parliament with false report.

False reporting, misreporting of proceedings, misleading reports etc amount to breach of privilege of the house. Eg. Willful suppression of the speech of a particular member, publication of proceedings ordered by the presiding officer of either house as expunged. Disclosure of proceedings arrived in secret sitting of the house. Publishing of any question, resolution or motion before they are admitted by the chair pertains to breach of privilege.

2. Premature publication of the reports of the committees of Parliament It includes publication of conclusions by parliamentary committees before they are presented to the House. Misrepresentation of a report of a parliamentary committee by a newspaper.

3. Comments casting aspersion on officers and members of Parliament. Lowering the prestige of MPs among the public Comments casting aspersion on the impartiality of the presiding officer and attributing malice to his action. 4. Comments casting aspersions on the Parliament and any of its committees. Comments which diminish the dignity of either house or which lessens its authority Comments casting allegation on a committee of the house. 5. Misconduct on the part of the representatives of the Press. Disobedience before either house Misbehavior before committees of either house Attempt to influence members by threats. Procedure of Trial 1. To issue notice 2. Consent of the Speaker 3. The accused is asked to leave the house. 4. Trial by the privilege committee of the Parliament 5. Consideration of the report of the privilege committee by the Parliament. PUNISHMENT 1. Admonition It is the shortest form of punishment. The offender is asked to present himself in the house and there he is advised by the speaker. 2. Reprimand It is a strong rebuke given after being called to the House. 3. Imprisonment 4. Exclusion The House may withdraw from the reporter the privilege given to sit in the press gallery. So it is exclusion from the press gallery. APOLOGY

The Parliament may accept unconditional apology in ordinary cases provided it is offered at the proper time. Otherwise not even the power of the President can save an offender from a case of contempt of Parliament. Journalists have to take care while reporting proceedings of Parliament or state legislature. The Parliamentary Proceedings, Protection of Publication Act-1956, which is popularly known as Firoz Gandhi Act, provides that no person should be liable to any proceedings- in respect of a publication in a newspaper of a substantially true report of any proceedings of either house of Parliament. This Act was revoked during emergency. But has been re-enacted. While reporting the proceedings of a Parliament care should be taken to see that the writing do not constitute breach of privilege or contempt of the House. PRESS GALLERY It is press inside Parliament and it is a link between people and Parliament. Press gallery is also known as the height of reportorial ambition. Press gallery is the seating arrangement for the journalists. The admission is by cards distributed before every session. Factors such as the circulation, space allotted to the coverage of Parliamentary proceedings, a minimum of 5 years of experience for the reporter etc are required to be eligible for a pass to the press gallery. DEFENCE AVAILABLE IN REPORTING THE LEGISLATURE / PARLIAMENT 1. A report or a publication of a substantially true report 2. It must be a report of the proceedings of either houses of the Parliament 3. The publication must be for the public good 4. The publication must not be actuated by malice. GUIDELINES ON REPORTING PARLIAMENT, GIVEN BY THE PARLIAMENT In May 1993, Government of India appointed Mrs. Gita Mukherjee to go into the process of covering Parliamentary proceedings by All India Radio and DoorDarshan. The followint guidelines are based on the recommendations of the committee. 1. AIR and DD will provide a comprehensive coverage to Parliamentary proceedings, ensuring a balance between different points of view without violating any of the privileges. 2. There should be faithful summoning up of views both in support of the government and against it. 3. Important issues raised by both the houses should be covered properly and the focus should not be lost sight of. 4. A high standard of accuracy in covering the parliamentary proceedings is required. 5. Professional responsibility should be the hallmark of reporting. 6. Items should be included depending upon their news values and on the basis of professional judgment. 7. A remark which has not been taken on record should not be reported. Whenever in doubt, the official record of the proceedings should be consulted. 8. It should be ensured that the discussions conducted in English or Hindi are faithfully translated. Extra care should be taken to ensure balanced reporting in case of serious allegations against anyone. 9. There should be balance between the coverage of the Lok Sabha and the Rajya Sabha. Whenever the replays to Parliamentary questions are reported the name of the questioner should also be mentioned. 10. Extra care should be taken while reporting the proceedings of the zero hour. The inclusion of an item discussed during the zero hour depends on the news value of the discussion. Whenever a matter raised during the zero hour is mentioned, the name of the member who raised the issue should also be mentioned.

11. Whenever news of an adjournment motion or calling attention motion or privileges motion or no confidence motion are included in the news, the name of the mover of the motion must be given. If there are more than one movers then the name of the first mover should be mentioned.