Violates Right Of Press: Punjab & Haryana HC Seeks Explanation On State's 'High-Handedness' For Arresting Journalist Who Made Video Against Real Estate Owner

The Punjab & Haryana High Court today sought a response from the Punjab Government on the allegations of "highhandedness and colourable exercise of power" by which a Punjab journalist was arrested on charges of extortion for publishing news against a real estate owner.

While granting interim bail to journalist Rajinder Singh Taggar, Justice Sandeep Moudgil said, "State of Punjab is called upon to file response to the acquisition of highhandedness and colourable exercise of power which may tantamount not only to abuse of process of law but will violate the right of press i.e. Freedom of Speech and Expression as enshrined in Article 19(1)(a) of the Constitution of India."

Taggar was arrested on a complaint filed by one N.K. Sharma who alleged that he made videos based on false propaganda that the flats and projects owned by him were built on the government land with the "intention to defame, cause financial loss and extortion."

Senior advocate R.S. Bains appearing for Taggar submitted that he is a journalist, who is connected with prestigious newspapers and also operates his own online news channel from platforms like YouTube and Facebook in the name of “Punjab Dastavez”.

He argued that the petitioner published a news item highlighting the wrongful means adopted by N.K. Sharma Enterprises Pvt. Ltd. and Savitri Green-2 Projects are being brought up by a politician-cum-renowned builder in District Mohali usurping the Government land in which revenue authorities of the State Government are also alleged to be involved who claim exorbitant compensation on account of the acquisition of land showing the existence of an orchard.

The real owners of the said land registered an FIR against N.K. Sharma who along with his family members is also stated to have constituted a fake trust in the name and style of Darbari Lal Foundation International Education Society whereby encroachment has been made upon 5 bighas and 18 biswas of land which otherwise vests in the Government, he added.

The senior advocate contended that Taggar is "used as an arm- twisting mode to curb the voice of people through media at the hands of influential complainant."

Considering the submissions, Justice Moudgil granted interim bail to the journalist.

"The petitioner is behind bars and facing incarceration for one month and 23 days by now in the instant FIR merely for publishing a news item against the complainant and its enterprises further infringing his right to life and liberty in a socialistic welfare state wherein the democratic set up is the backbone of governance to provide fearless, transparent and fair environment for its citizens but the same seems to have been thrown haywire," said the Court.

The matter is listed for July 29, for further consideration.

Mr. R.S. Bains, Sr. Advocate with

Ms. Aarushi Garg, Advocate for the petitioner(s).

Mr. J.S. Rattu, DAG, Punjab.

RAJINDER SINGH TAGGAR v. STATE OF PUNJAB