Allahabad High Court grants relief to journalists booked over report on diesel theft from police jeeps

The Allahabad High Court recently granted interim protection from arrest to two journalists who were booked by the Uttar Pradesh police in a criminal defamation case after they reported on diesel allegedly having been stolen from police jeeps. .The Bench of Justices Vivek Kumar Birla and Arun Kumar Singh Deshwal also directed the Director General Police (DGP), Uttar Pradesh to investigate the alleged theft of diesel as well as the correctness of the criminal case against the reporters. "Till the next date of listing or till submission of police report under Section 173(2) Cr.P.C., the arrest of the petitioners, pursuant to the aforesaid impugned first information report, shall remain stayed, provided they cooperates in the investigation ... send a copy of this order along with the copy of the writ petition to the Director General of Police, Uttar Pradesh for making inquiries at his hand in the allegations levelled in the newspaper and the correctness of the first information report lodged against the petitioners," the Court ordered. .The Court was told that the criminal case was lodged against the journalist-petitioners after a news report was published in the Dainik Bharat Connect on the alleged theft of diesel from police jeeps. After this report came out, the police registered a criminal case against the petitioners citing Sections 212 (false information), 226 (punishment for giving false evidence) and 356 (defamation) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 66 of the Information Technology Act (IT Act). The petitioners moved the High Court seeking protection from arrest. Their counsel asserted that the criminal case was filed with malicious intent and that no actual offence was committed by the reporters.The lawyer further argued that the newspaper report included various documents, videos and photographs, to show that the theft occurred. .In an order passed on August 14, the High Court granted the petitioners protection from arrest and called for a reply from the State authorities.After asking the DGP to examine the allegations levelled in the newspaper report and the correctness of the criminal case against the petitioners, the Court also sought an affidavit on the status of investigation by the next date of hearing. .Advocate Rajesh Kumar Nishad appeared for the petitioners.Government Advocate Kuldeep Singh Chauhan appeared for the State of Uttar Pradesh..[Read Order]