Cash-for-query case: HC reprieve for journos
24 sep 2010
New Delhi: Defending sting operation as a means to expose corruption, the Delhi High Court today quashed criminal proceedings against two journalists who unearthed the cash-for-query scam involving MPs in 2005, giving a boost to investigative journalism.
Observing that corruption in the country has now taken "deep roots", the court also said that acting as "agent provocateurs" to expose graft at higher level does not amount to abetting this crime.
Giving reprieve to Mr Anirudh Bahal and Ms Suhasini Raj, Justice S.N. Dhingra set aside the trial court order of July six, 2009 taking cognisance of the chargesheet filed by the Delhi police against the two investigative journalists.
The court also slammed the Delhi police for its handling of the sensational scam, saying it seems to have "acted as 'his master's voice' of the persons in power"
Both Mr Bahal and Ms Raj, reporters from website CobraPost.com, had challenged a summoning order issued by a Special Judge in connection with the sting in which 11 MPs from different political parties were caught on camera accepting bribes for raising and tabling questions in Parliament in December 2005.
The expose 'Operation Duryodhan' was shown on Aajtak news channel. The inquiry committee of both the Houses of Parliament had recommended the expulsion of the MPs — 10 from Lok Sabha and one from Rajya Sabha.
"I consider that in order to expose corruption at higher level and to show to what extent the State managers are corrupt, acting as agent provocateurs does not amount to committing a crime," Justice Dhingra said.
"Charging the petitioners under Prevention of Corruption Act would amount to discouraging the people of this country from performing their duties enjoined upon them by the Constitution as well as the Criminal Procedure Code," the court said.
"I consider that it is built-in fundamental duties that every citizen must strive for a corruption-free society and must expose the corruption whenever it comes to his or her knowledge and try to remove corruption at all levels more so at higher levels of management of the State," it added.
The Delhi police had registered an FIR against the two journalists for abetting the crime of giving bribes for MPs for raising questions in the Parliament.
"The corruption in this country has now taken deep roots. Chanakaya in his famous work Arthshastra advised and suggested that honesty of even judges should be periodically tested by the agent provocateurs," Justaice Dhingra said.
Justifying the mode of operation adopted by the journalists to expose the scam, the judge at another point again said that citizens can act as agent provocateurs to bring out and expose and uproot the corruption.
The court dismissed the contention of the police that the journalists should have informed it about the scam and it would have taken action against the corrupt MPs saying that it is well known what is the fate of whistle blowers in the country.
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HC quashes charges against journalists in cash-for-query scam
New Delhi, Sep 24 (PTI)
The Delhi High Court today quashed charges against two journalists for carrying out a sting operation against the then legislators for allegedly demanding money to ask questions in Parliament in 2005.
Justice S N Dhingra quashed the trial court order of July six, 2009 of taking cognisance of the chargesheet filed against the two journalists Anirudh Bahal and Suhasini Raj.
"Charging the petitioners under Prevention of Corruption Act would amount to discouraging the people of this country from performing their duties enjoined upon them by the Constitution as well as the Criminal Procedure Code," the court said.
Both the journalists, reporters from website Cobra Post.com, had challenged a summoning order issued by a Special Judge after taking cognisance of the chargesheet filed against them along with the tainted MPs by Delhi Police.
The court had on September 17 reserved its order on the petition of the journalists, who conducted sting operation to highlight the cash-for-query scam involving 11 MPs of different political parties.
During the arguments, Delhi Police's counsel had justified the initiation of proceedings against Bahal and Raj contending they had offered money to the then parliamentarians which was an encouragement to corruption.However, the argument was countered by the counsel for the reporters who had submitted that if the money had not been offered to the MPs, the sting operation would not have been conducted.
Eleven MPs were caught on camera accepting bribes for raising and tabling questions in Parliament in December 2005.The inquiry committee of both the Houses of Parliament had recommended the expulsion of the 11 MPs- ten from Lok Sabha and one from Rajya Sabha.
The police, on the recommendations of the parliamentary committee, registered FIRs against the reporters and probed the role of the middleman in the sting operation.
The FIR was filed under sections 12 and 13 of the Prevention of Corruption Act and section 120 B (Conspiracy) of the Indian Penal Code.
The reporters had then approached the High Court seeking to quash the proceedings against them, alleging that the police were shielding the corrupt MPs and framing them in the case instead.
Following a chargesheet by the specialised Crime Branch of the Delhi Police, Special Judge Rakesh Siddharth had summoned the reporters as well as the MPs.
The proceedings against the MPs would continue for the time being before the Special court.
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Cash-for-query scam: Delhi high court quashes charges against journalists
In a reprieve for two investigative journalists, the Delhi high court today quashed charges against them for conducting a sting operation to expose the cash-for-query scam involving Members of Parliament in 2005.
Justice SN Dhingra set aside the trial court order of July 6, 2009 taking cognisance of the charge sheet filed against the two journalists - Anirudh Bahal and Suhasini Raj - by the Delhi police.
"Charging the petitioners under Prevention of Corruption Act would amount to discouraging the people of this country from performing their duties enjoined upon them by the Constitution as well as the Criminal Procedure Code," the court said.
Both Bahal and Raj, reporters from website Cobra Post.com, had challenged a summoning order issued by a special judge after taking cognisance of the chargesheet filed against them along with the tainted MPs by the Delhi police.
The court had on September 17 reserved its order on the petition of the journalists, who conducted the sting in which 11 MPs from different political parties were caught on camera accepting bribes for raising and tabling questions in Parliament in December 2005. The expose 'Operation Duryodhan' was shown on Aajtak news channel.
The inquiry committee of both the Houses of Parliament had recommended the expulsion of the MPs--ten from Lok Sabha and one from Rajya Sabha.
During the arguments, Delhi police's counsel had justified the initiation of proceedings against Bahal and Raj contending they had offered money to the then parliamentarians which was an encouragement to corruption.
However, the argument was countered by the counsel for the reporters who had submitted that if the money had not been offered to the MPs, the sting operation would not have been conducted.
The police, on the recommendations of the parliamentary committee, registered FIRs against the reporters and probed the role of the middleman in the sting operation.
The FIR was filed under sections 12 and 13 of the Prevention of Corruption Act and section 120 B (Conspiracy) of the Indian Penal Code.
The reporters had then approached the high court seeking to quash the proceedings against them, alleging that the police were shielding the corrupt MPs and framing them in the case instead.
Following a charge sheet by the specialised Crime Branch of the Delhi police, special judge Rakesh Siddharth had summoned the reporters as well as the MPs.
The proceedings against the MPs would continue for the time being before the special court.
http://www.dnaindia.com/india/report_cash-for-query-scam-delhi-high-court-quashes-charges-against-journalists_1442395
