Political Interference In Media? High Court Asks CBI To Probe Cross-FIRs On Punjab Media Houses, Cable Operators Involving MLAs
The Punjab & Haryana High Court has directed the Central Bureau of Investigation to probe various FIRs and cross-FIRs filed by and against various cable operators and local media houses in Punjab.
The Court noted that certain media houses are "run and controlled" by sitting MLAs of the political parties including ruling party AAP and the opposition parties. This has led to political interference in the running of media houses and cable operators.
Court noted that the omission and commission on part of these political parties are "causing vandalism, threat and sabotage not only to the equipment but as a whole damning the very fabric of the constitution which is endangering right of free speech and expression to an elucidated fourth pillar of democracy i.e. media."
A single-judge bench of Justice Sandeep Moudgil further observed that inaction on part of the Police authorities raises doubt to their working with transparency and has eroded faith in the State Investigating Agency. It observed,
"A free and fair media is a key aspect of civil societies, and any oppression of the media by any means is unjust, unbearable and a threat to the freedom of expression and free speech in a civilized society which is the voice of public. Media is a platform where voice is raised, spread and heard on issues of larger public importance like a fire in the jungle to reach far and wide to all connecting individuals. But the political parties driven by their vested interests and motives often tried to suppress the voice of media."
The judge said that "where political figures, associates or their bearers alleged to be hand in glove with the police authorities and Government officials, these media houses are bound to be undermined."
The Court added that it is essential to protect media houses and like companies, enabling them to work without fear and to serve the public with the integrity and sincerity.
These observations were made while hearing the plea filed by one Angad Dutta, running a cable operator company, seeking transfer of FIR lodged against him under Sections 406, 379 IPC to an independent agency.
Dutta submitted when he approached the Police to lodge harrassment complaint allegedly committed by other cable operators, the Police instead of helping him lodged an FIR against him for committing theft. He also alleged that his family was manhandled, abused and threatened. Moreover, he alleged that the complainant himself committed theft and took along various set top boxes of his company DS Cable.
The Court noted that no FIR was lodged when Dutta complained about the incident to Police.
Another company, namely Fastway Transmission, against whom various complaints have allegedly been lodged, had also moved an application to be impleaded as a necessary party. It alleged high handedness of the State through its political leaders belonging to the Aam Aadmi Party.
After hearing the submissions, the Court noted that 12 FIRs have been lodged against Fastway Transmission by various cable operators/ media houses "though being projected as small time operators but allegations against them are demonstrating that they are operating at the behest of ruling party through its big wig political leaders."
It noted further that earlier SIT was constituted in 2023 to probe the matter but it "did not act at all."
Justice Moudgil pointed that a sitting AAP MLA is working as the Master Distributor of Multi-System Operator (MSO) and "is sabotaging and uprooting the infrastructure of respondent No.5 and other such petitioner like cable operators as has been alleged by respondent No.5 (Fastway Pvtv Ltd) which has resulted into misappropriation and damage to approximately 30,000 set top boxes."
"The allegations prima facie are writ large against certain cable operators may be at the behest of certain influential persons including political leaders of the ruling party but the fact remains that such mess and failure of law and order agency is not acceptable in a democratic country like ours," the Court observed.
It highlighted that over 50 FIRs have been filed by and against various cable operators, involving political figures.
It also noted that a majority of FIRs were lodged against Fastway Transmission "who is facing indirect atrocities at the hands of police authorities as well as certain other small time cable operators who are entangled into unwarranted criminal litigation which needs to be brought to an end in the larger interest of the public giving a free hand to the media for raising voice of the people alone."
It inferred that the prevailing environment for cable operators/media houses in Punjab will have larger ramification not within Punjab "but for the whole country inasmuch as the local channels carrying news though by and large confined to the State of Punjab are aired throughout in this global arena."
Adding that State authorities failed to act swiftly it said, "Such in action of the State police has forced this Court to make prima facie opinion that there is no trust left on it and hence, interference at this stage is warranted by exercising inherent jurisdiction under Section 482 Cr.P.C."
In the light of the above, the Court directed to transfer probe in the matter to Central Bureau of Investigation who shall after conducting an inquiry furnish a report to the Court within a period of three months.
It also directed that no coercive step will be taken against Fastway transmission Pvt Ltd.
The matter is listed for October 18, for further consideration.
Mr. Akshay Jindal, Advocate for the petitioner.
Mr. Malkiat Singh, DAG, Punjab.
Mr. Aayush Gupta, Advocate and Mr. Abhishek Sharma, Advocate for respondent No.5.
Mr. Ravi Kamal Gupta, Advocate for Central Bureau of Investigation.
Title: ANGAD DUTTA v. STATE OF PUNJAB AND ORS.