HC quashes FIR against journalist under SC/ST Act
The Punjab and Haryana High Court has quashed the FIR filed against Times Now-Navbharat journalist Bhawana Gupta under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sections of the Code of Criminal Procedure and Indian Penal Code. The court invoked its inherent jurisdiction under CrPC Section 482 and ordered the FIR and all subsequent proceedings against Gupta to be quashed.
The incident in question occurred last year when Bhawana Gupta, a television journalist, was covering an AAP event attended by Delhi CM Arvind Kejriwal and Punjab CM Bhagwant Mann in Ludhiana. It was alleged that a car carrying Gupta and a cameraperson hit a woman, causing her injury. The FIR claimed that Gupta uttered caste-indicative words against the woman.
In the peculiar facts and circumstances, it is a fit case where the continuation of criminal proceedings shall amount to an abuse of the process of law, and the court invokes its inherent jurisdiction under CrPC Section 482 and quashes the FIR and all subsequent proceedings against the petitioner, stated the bench headed by Justice Anoop Chitkara.
The quashing of the FIR is crucial in protecting the journalist’s rights and avoiding any abuse of the legal process. The court’s decision highlights the need to consider specific circumstances and facts surrounding a case before deciding on the continuation of criminal proceedings.
Journalists play a crucial role in society, bringing important news and information to the public. It is essential that they can carry out their work without unnecessary hindrance or fear of retribution. Bhawana Gupta’s case serves as a reminder of the importance of upholding press freedom and protecting journalists from unnecessary harassment in the pursuit of their duties.
While the specific details of the incident and the alleged comments made by Bhawana Gupta have not been further clarified, this case raises important questions about the balance between freedom of speech, the rights of individuals, and the impartiality of the legal system.
The court’s decision to quash the FIR against Gupta does not necessarily imply that the allegations made against her were proven false or invalid. The decision is primarily based on the judge’s assessment that continuing the criminal proceedings would constitute an abuse of the legal process in this particular case.
It is essential for the legal system to strike a delicate balance between protecting individual rights and ensuring justice is served. Cases involving allegations of hate speech or caste-based discrimination require thorough investigation to establish the facts and determine appropriate actions.
In conclusion, the Punjab and Haryana High Court’s decision to quash the FIR against journalist Bhawana Gupta sheds light on the complexities involved in balancing freedom of speech, individual rights, and the proper administration of justice. This case serves as a reminder of the importance of upholding press freedom and protecting the rights of journalists in their pursuit of truth and public interest.
