The Allahabad High Court recently said the State should cancel the licences of journalists found indulging in anti-social activities like blackmailing under the garb of journalism [Puneet Mishra Alias Puneet Kumar Mishra and Another vs State of UP]..Justice Shamim Ahmed made the comment while refusing to quashing criminal proceedings against a journalist and a newspaper distributor in a case registered under various provisions of Indian Penal Code and Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.The Court denied relief to the accused after the State said that a gang, blackmailing people under the guise of printing articles against them in newspapers and defaming their image in society, was operating in Uttar Pradesh.“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 bench said..In the present case, the counsel representing the accused submitted that they have been falsely implicated in the case and that the charge sheet was also filed without proper investigation.The Court was told the accused had been falsely implicated as they had published a news item about illegal cutting of a tree. It was also argued that no offence was made out under the SC/ST Act.However, the State contended that a prima facie offence was made out and that the journalist had failed to produce the Information Department-issued licence before the High Court..Considering the arguments, the Court said no interference was required in the matter as a prima facie cognizable offence was made out.“In the present case, the applicant, who claims to be the Journalist in the news-paper, namely, Swatantra Bharat is not able to show any document that he is recognized by the said newspaper and even after query made by this court the applicants and their counsel fails to show any such paper,” it added. .Advocate Rajat Pratap Singh represented the accused.Government Advocate Dr VK Singh and Additional Advocate General Vinod Kumar Shahi represented the State.[Read Order]
The Allahabad High Court recently said the State should cancel the licences of journalists found indulging in anti-social activities like blackmailing under the garb of journalism [Puneet Mishra Alias Puneet Kumar Mishra and Another vs State of UP]..Justice Shamim Ahmed made the comment while refusing to quashing criminal proceedings against a journalist and a newspaper distributor in a case registered under various provisions of Indian Penal Code and Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.The Court denied relief to the accused after the State said that a gang, blackmailing people under the guise of printing articles against them in newspapers and defaming their image in society, was operating in Uttar Pradesh.“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 bench said..In the present case, the counsel representing the accused submitted that they have been falsely implicated in the case and that the charge sheet was also filed without proper investigation.The Court was told the accused had been falsely implicated as they had published a news item about illegal cutting of a tree. It was also argued that no offence was made out under the SC/ST Act.However, the State contended that a prima facie offence was made out and that the journalist had failed to produce the Information Department-issued licence before the High Court..Considering the arguments, the Court said no interference was required in the matter as a prima facie cognizable offence was made out.“In the present case, the applicant, who claims to be the Journalist in the news-paper, namely, Swatantra Bharat is not able to show any document that he is recognized by the said newspaper and even after query made by this court the applicants and their counsel fails to show any such paper,” it added. .Advocate Rajat Pratap Singh represented the accused.Government Advocate Dr VK Singh and Additional Advocate General Vinod Kumar Shahi represented the State.[Read Order]