Punjab and Haryana High Court asks State to explain 'highhanded' arrest of journalist

The Punjab and Haryana High Court has asked the Punjab government to explain its "highhandedness" in arresting journalist, Rajinder Singh Taggar in connection with a defamation and extortion case registered for publishing a news story against a real estate firm [Rajinder Singh Taggar V. State of Punjab]..Justice Sandeep Moudgil observed that such conduct may involve not only an abuse of the process of law, but a violation of the free speech rights of the press."The petitioner (Taggar) 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," the Court added. .The Court was dealing with a bail application filed by Rajinder Singh Taggar, a Punjab-based journalist.Taggar was arrested towards the end of April in a defamation and extortion case for publishing a news story alleging that certain real estate firms were illegally usurping government land in Mohali.By a July 1 order, the Court granted Taggar interim bail and ordered the Punjab government to file a response explaining its actions against the journalist."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," the Court said..By way of background, Rajinder Singh Taggar, who runs an online news channel "Punjab Dastavez," published a news story accusing NK Sharma Enterprises Pvt. Ltd. and Savitri Green-2 Projects of illegally usurping government land in Mohali. In the news story, it was alleged that these companies, led by a politician-cum-builder, had the support of State revenue authorities.NK Sharma Enterprises denied the allegations and responded to this story by filing a complaint, accusing Taggar of defaming their projects and using his platform to extort money. This led to Taggar's arrest..While urging the High Court to grant Taggar bail in the matter, his counsel told the Court that the criminal case filed against the journalist was a result of highhandedness, nepotism and connivance of bigwigs like NK Sharma and high-ranking bureaucrats of Punjab..The Court eventually granted Taggar interim bail and posted the matter for further hearing on July 29, when the Punjab government is expected to explain its conduct in the matter..Advocates RS Bains and Aarushi Garg appeared for Rajinder Singh Taggar (petitioner), while Deputy Advocate General JS Rattu represented the State of Punjab. .[Read Order]