Journalist Conducts 'Reality Check' By Procuring COVID E-Passes In Name Of Donald Trump, Amitabh Bachchan: HP High Court Quashes FIR

The Himachal Pradesh High Court today quashed a criminal case against a Zee News Journalist registered under various sections of IPC and IT Act for conducting a 'reality check' on e-pass registration for inter-State movement by procuring COVID E-passes in the name of Donald Trump and Amitabh Bachan.

The Bench of Justice Vivek Singh Thakur observed that since Journalist Aman Kumar Bhardwaj (Petitioner) was having doubts regarding the proper working of the verification system of the State (regarding online request for generation of e-passes to enter the state) and that he was not having any other via-media to check and verify the system except for submitting a misleading request.

"It is evident that in entire episode intention of petitioner was neither dishonest nor fraudulent as immediately after generation of epasses, which otherwise could not have been used by any person, petitioner brought it to the notice of concerned authorities and persons," the Court observed as it quahsed the case against Bhardwaj registered under Sections 419, 468, 471 of Indian Penal Code, Section 66(D) of Information Technology Act, 2000 and Section 54 of Disaster Management Act, 2005.

The case in brief 

Essentially, on April 25, 2021, the State government issued certain directions regarding the inter-State movement to Himachal Pradesh. This whole system was stated to be monitored through the process of registration on the e-pass portal of the government.

Further, on May 5, the state government came up with a notification imposing a 'corona curfew' from May 7, and one of the guidelines was imposed regarding the registration on the e-pass web portal for any kind of inter-State movement.

Now, the Petitioner (Bhardwaj) who was working with Zee Media House at the relevant time, carried out an investigation about the claims of administration qua verification of registration forms of persons entering Himachal Pradesh in compliance of order dated April 25 and May 5 order.

For this purpose, the Petitioner filled two online registration forms on the portal for the issuance of two e-passes for entering the State of Himachal Pradesh without assigning any valid reason and the registrations were made in the names of two renowned personalities, i.e. Amitabh Bachchan and Donald Trump (the passes were indeed issued to him)

Soon thereafter, the petitioner was booked under the aforementioned sections. Challenging the FIR, he moved to the High Court. It was the case of the State that Bhardwaj impersonated himself as 'Amitabh Bachchan' and 'Donald Trump' and used fake registration numbers of vehicles by mentioning his own mobile number and Aadhaar Card as identity proof for generating fake and forged documents

On the other hand, Bhardwaj contended that the names of renowned personalities were used by him with the hope that the names so mentioned would definitely be taken note of by the authorities during the process of verification.

It was his further submission that the entire exercise was undertaken by him with a bonafide intention to unearth the truth and loopholes in the system behind the entire process of registration, for the larger public interest.

Court's observations

The Court, at the outset, noted that Bhardwaj did not commit any act with intent to defraud, but for a reality check and to verify the working of the system of online registration and generation of e-passes, regarding which it was claimed by the State that e-passes would be generated after proper verification of documents uploaded with the online request.

"Petitioner never intended to use nor used these e-passes for entering in Himachal Pradesh. He brought this lapse in system to the notice of higher authorities. In given facts and circumstances it cannot be said an act done by the petitioner was with intent to defraud, therefore, it was not an act done 'fraudulently'," the Court added.

"Petitioner had tried to raise alarm and warning to the authorities so as to improve the system to avoid disaster or to increase severity or magnitude of spread of Covid-19 Pandemic by restricting entry of unwanted persons in the State in terms of restrictions imposed by the State Government to take appropriate steps to improve in order to provide foolproof/flawless," the Court further remarked as it noted that there was no sufficient material for lodging FIR against Bhardwaj of offences under Sections 419, 468 and 471 of IPC, Section 66(D) of IT Act, 2000 and Section 54 of Disaster Management Act, 2005 for absence of essential ingredients required for attracting these Sections.

Consequently, the case was quashed and the petition was allowed and disposed of in aforesaid terms.

Case title - AMAN KUMAR BHARDWAJ v. STATE OF HIMACHAL PRADESH and others

Citation: 2022 LiveLaw (HP) 16

Click Here To Read/Download Order