In a significant move to curb the misuse of journalistic privileges, the Allahabad High Court has urged the state government to cancel the licenses of individuals posing as journalists and blackmailing citizens for financial and other benefits by threatening to publish defamatory materials. Justice Shamim Ahmed underscored the severity of the issue while addressing a recent case involving a purported ‘gang’ of such individuals operating across Uttar Pradesh.
The court’s remarks came during the hearing of an application filed under Section 482 of the Criminal Procedure Code (CrPC) by Puneet Mishra and another individual. The applicants sought the quashing of a case registered against them under various sections of the Indian Penal Code (IPC) and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act at Beniganj Police Station in Hardoi, Uttar Pradesh.
Puneet Mishra claimed to be a journalist affiliated with the newspaper Swatantra Bharat, while his co-accused, who is differently-abled, stated that he was a newspaper distributor. They contended that the charges against them were fabricated and that the police had filed the chargesheet without a proper investigation. They alleged that their report on the illegal cutting of a protected tree led to their false implication.
On the other hand, the Additional Advocate General argued that the accused were engaged in blackmailing individuals by taking photographs and threatening to publish defamatory material. They also highlighted that the accused failed to present a valid journalist license issued by the State Information Department with their plea.
Upon reviewing the arguments and examining the records, the single-judge bench concluded that the chargesheet and the summoning order against the accused were valid and legal. The court noted that there was prima facie evidence of a cognizable offense as alleged.
Moreover, the court observed that Mishra could not provide any documentation confirming his employment with Swatantra Bharat. Despite multiple inquiries from the court, neither Mishra nor his counsel could produce evidence of his journalistic credentials.
As a result, the court dismissed the plea to quash the proceedings against the accused, emphasizing that the state has mechanisms capable of addressing such activities if the allegations are substantiated.
