Three journos, RTI activist move HC over criminal case
Chandigarh, Jan. 6 -- Three journalists and an RTI activist have moved the Punjab and Haryana high court seeking quashing of a criminal case registered by Ludhiana police for allegedly circulating "objectionable and misleading" content on social media related to the use of a helicopter associated with the Punjab chief minister.
The petition by Manik Goyal, an RTI activist, and three journalists, Baljinder Singh, Maninderjit Singh and Mandeep Singh Makkar, is likely to be taken up for hearing after the winter break ends, their lawyer Loveneet Singh Thakur said.
Multiple persons, including these four, were booked in a case registered under Sections 353(1) (penalises making, publishing, or spreading false statements, rumours, or reports intended to cause public mischief, such as inciting mutiny, spreading fear, or promoting enmity between groups), 353(2) (making, publishing, or circulating false statements/rumours intended to create hatred, enmity, or ill-will between different groups (religious, racial, etc.) of the Bharatiya Nyaya Sanhita (BNS), 2023, following a complaint by inspector Satbir Singh, station house officer (SHO), Cyber Crime Police Station, Ludhiana. The FIR, lodged on December 12, came to light last week.
The allegations were that the posts of these individuals, especially Manik Goyal, allegedly carried distorted, unverified, and factually incorrect claims regarding the deployment and utilisation of a helicopter purportedly linked to chief minister Bhagwant Mann during an official foreign visit to Japan and South Korea.
The plea argues that there is no private complainant in the present case. The FIR has been registered solely on the complaint of a police officer. No member of the public has alleged any grievance. The FIR itself admits that the helicopter did fly on the said date and was used by a person holding a constitutional post, but deliberately conceals the identity of such person and the reason for using the chief minister's helicopter, it says, adding that the ongoing investigation is being used as a tool for harassment and serves no legitimate penal purpose, given the factual basis of the flight-tracking data.
".there is evident use of government machinery and police administration to silence citizens who question or oppose unjust actions of the authorities amounts to an erosion of constitutional values. A government that is insulated from criticism ceases to be accountable. Criminal proceedings initiated to curb dissent do not serve public interest; rather, they weaken democratic institutions and foster fear among law-abiding citizens," it further argues. "Even if the allegations in the FIR are accepted in their entirety, no cognisable offence is made out. Raising questions, sharing publicly available information, and participating in public debate are activities protected under Article 19(1)(a) of the Constitution. The FIR is manifestly mala fide and intended to silence dissent and independent journalism," the plea alleges....
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