Delhi High Court quashes J&K Police summons to two India Today journalists

The Delhi High Court recently quashed summons issued by the Jammu & Kashmir Police to two India Today journalists in relation to an investigative story they ran claiming that children orphaned during the COVID-19 pandemic were being given up for adoption at a price [Jamshed Adil Khan and Anr v. UT of Jammu and Kashmir and Anr]. .Justice Poonam A Bamba observed that the summons was without jurisdiction, as the journalists are residents of Delhi and Noida. According to Section 160 of the Code of Criminal Procedure (CrPC), summons can be issued by a police official only to people in his jurisdiction or in the jurisdiction of adjoining police station.“In view of the above facts and circumstances, the petitioners being residents of Delhi and having their office addresses of Noida, U.P, could not have been summoned under Section 160 Cr.P.C by Sub Divisional Police Officer, Pampore, Union Territory of Jammu and Kashmir. The summons issued to them were without jurisdiction and are therefore, quashed,” the Court noted in its order..India Today journalists Jamshed Adil Khan and Nitin Jain had approached the Court for quashing the summons dated March 17, 2022. They argued that they had run an investigative piece in November 2021 and published an article revealing that children who had lost their parents during the pandemic were being sold for money.Following the story, the Child Welfare Committee at Pulwama forwarded a written complaint to Pampore Police Station for registration of a formal case in the matter. A first information report (FIR) was then registered in Kashmir, after which a police official came to the news broadcaster’s office in Noida. The channel gave the official a letter along with a CD. In the meantime, the Anti Human Traffic Unit, (AHTU) Crime Branch, Delhi Police also sent a notice to the channel seeking details video footage of the investigation/sting operation conducted by the journalists. This, too, was responded to by the channel, the Court was told.However, on March 17, the J&K Police issued summons to the journalists directing them to attend the office of the Pampore Police within two days. The summons were received by them only on March 23, they said..The Court observed that sub-section (1) of Section 160 CrPC clearly states that for the purposes of investigation, a police officer can require attendance of a person situated within the limits of his own police station or that of the adjoining police station, and not of someone who is situated beyond the said territorial limits.It, however, clarified that its order will not come in the way of the investigating agency examining the journalists in Delhi if required..Advocates Hrishikesh Barauah and Radhika Gupta appeared for the petitioners.Advocates Srishti Mishra and Taruna Singh Bhagel appeared for the Union Territory of Jammu & Kashmir..[Read Order]