State Machinery Should Cancel Licence Of Journalists Involved In Blackmailing, Anti-Social Acts: Allahabad High Court

A bench of Justice Shamim Ahmed made this observation while refusing to quash criminal proceedings against two persons, a journalist and a newspaper distributor by profession, who are facing a case under Sections 384/352/504/505 IPC, 3(2)(Va), and 3(1) (S) SC/ST Act.

It was alleged that the applicants were involved in blackmailing the common man by taking photographs and printing the material in the newspapers against innocent persons.

The counsel appearing for the accused submitted that they had been falsely implicated in the case and that the charge sheet had also been filed without proper investigation.

It was argued that the Police acted routinely and that the Magistrate did not apply his judicial mind while passing the cognizance and summoning order.

The Court was apprised that the accused had been implicated in the case as they had shown a piece in the newspaper about cutting a prohibited green tree.

On the other hand, the GA and Addl. Advocate General appearing for the state submitted that a Gang operates in the entire State, comprising Journalists. This gang is involved in anti-social activities like blackmailing the common man to get financial benefits as well as other benefits in the garb of printing material against them in the newspapers and defaming their image in society. It was submitted that this was one of such cases.

After considering the arguments advanced by the counsel for the parties and perusing the record, the Court said that the impugned summoning order, chargesheet, and cognizance order filed against the applicants are “perfectly just and legal.”

The Court said that prima facie cognizable offence is made against the applicants under the Sections of I.P.C. and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

“The matter is very serious and the State Machinery should take cognizance of the same and cancel the licence of such Journalists, if they are found operating in such type of antisocial activities in the garb of their licence. There are machinery with the State Government which is capable to stop such type of activities which is being operated in case, if the case is found to be true,” the Court said.

Further, the Court noted that the applicants, who claimed to be newspaper journalists, could not show any document proving that they were recognised by the newspaper (Swatantra Bharat). Even after the court's query, the applicants and counsel failed to show any such paper.

Given this, the Court said no interference was required in the matter; hence, their plea was dismissed.

Case title - Puneet Mishra Alias Puneet Kumar Mishra And Another vs. State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another 2024 LiveLaw (AB) 389

Case citation: 2024 LiveLaw (AB) 389

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