The Allahabad High Court has urged the state machinery to cancel licenses of “so-called” journalists blackmailing citizens for financial and other benefits by threatening to publish defamatory materials. Justice Shamim Ahmed emphasized the seriousness of the situation when a matter was recently brought before the High Court concerning a ‘gang’ masquerading as journalists operating across Uttar Pradesh.
The judge said that the state government has mechanisms in place capable of stopping such activities if the allegations are found to be true.
The court was dealing with an application filed under Section 482 of the CrPC by Puneet Mishra and another seeking direction to quash a case registered against them under Sections 384, 352, 504, and 505 of the IPC, as well as Sections 3(2)(Va) and 3(1)(S) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, at Beniganj Police Station in Hardoi, Uttar Pradesh.
Mishra claimed to be a journalist working for Swatantra Bharat, while the other accused, who is differently abled, claimed to be the newspaper distributor.
The accused argued that the case against them was fabricated and that the police had submitted the chargesheet without proper investigation. They alleged that they were falsely implicated because they had reported on the illegal cutting of a protected green tree in their newspaper.
Conversely, the Additional Advocate General contended that the accused were involved in blackmailing individuals by taking photographs and publishing defamatory material in newspapers. They also pointed out that the accused had not provided a valid journalist license issued by the State Information Department with their plea.
After considering the arguments placed by the counsel for both sides and after perusal of the record, the single judge bench opined that the impugned summoning order as well as the chargesheet and the cognizance order filed against the accused were just and legal.
The judge held that prima facie cognizable offence was made out against the accused persons as alleged.
Apart from that, the court noted that Mishra, who claimed to be a journalist for the newspaper Swatantra Bharat, was unable to provide any documentation verifying his association with the publication. Despite inquiries from the court, neither the applicants nor their counsel could produce any such evidence, the court highlighted.
Thus, the court refused to exercise its power under Section 482, CrPC to quash the proceedings against the accused persons and dismissed their plea.
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