New Delhi: The Supreme Court on Friday said there should not be any coercive action against the journalist from ABP news channel in a case connected with the interview of jailed gangster Lawrence Bishnoi, an accused in the 2022 murder of singer Sidhu Moosewala.
A three-judge bench led by Chief Justice of India D Y Chandrachud said: “Pending further orders, let there be no arrest of the journalist….”.
Senior advocate Mukul Rohatgi represented the ABP news channel before the bench, which also comprised justices J B Pardiwala and Manoj Misra.
It was argued before the apex court that the interview was investigative journalism and the journalist knew that phones are easily available inside the jail, and used his sources to conduct the interview.
The bench noted that the journalist may have breached jail manuals and directed the journalist to co-operate in the investigation being conducted by the SIT.
The news channel’s counsel questioned the validity of the order passed by the Punjab and Haryana High Court, which brought the interview conducted by the TV channel under its scanner in a suo motu matter. Rohatgi said this would have a chilling effect on free speech guaranteed under Article 19(1)(a) of the Constitution.
The bench was informed that the high court was considering the issue regarding facilities to the inmates and someone pointed out the interview, and it ordered registration of the FIR. After hearing submissions, the bench said that the fact is that the news channel gained access to the jail and published an interview on TV.
“Whose permission did you take? We see the broader point of 19(1)(a) of the Constitution but there are restrictions by virtue of incarceration," noted the bench.
Citing the Watergate scandal, the counsel argued that if an investigative journalist does not expose the rot, then who will. He added that now the journalist is getting threats and he apprehends arrest.
"How can the Punjab Police look into this at all," the counsel asked, adding that if at all this case has to be investigated then let it go to the CBI. The apex court was informed that there were two interviews one in Rajasthan jail and another from Punjab jail.
The apex court issued notice on the petitions filed by the ABP news network. In March 2023, the private news channel ran two interviews of Bishnoi. In December 2023, the high court had ordered the registration of an FIR and probe by an SIT headed by IPS officer Prabodh Kumar into the interview of Bishnoi. The high court had acted suo motu in the matter concerning the use of mobile phones by inmates within jail premises.
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'Let It Be Investigated': SC Rejects Lawrence Bishnoi's Plea Regarding TV Interview In Jail
