New Delhi, Aug 29 : The Supreme Court on Monday pulled the Jharkhand government for removing journalists from their bedrooms in the middle of the night in July of this year.declaring that the arrest was an excessive use of the state’s power.A bench of Justices D.Y.Chandrachud and Hima Kohli formally noted that the police went to the residence of the journalist about around 12 in the evening and took the journalist from the bedroom.of his bedroom, which is not the right way to treat a media person or journalist.”This is a violation of law in Jharkhand, “it said in a statement, adding that this is also an excessive use of the state’s power.
The court instructed counsel for the Jharkhand government: “You are not dealing with the terrorist, but rather a journalist.”
The Jharkhand government counsel argued that the journalist was facing numerous charges of being extorted and of cheating.
The supreme court gave these oral remarks as it listened to an appeal filed by the Jharkhand government against the high court’s decision giving bail to journalist Arup Chatterjee, who is employed with News 11 Bharat, on behalf of his wife’s petition.
He was detained in the evening of 16 and 17 July, on charges of exortion.Chatterjee was released two days after.
The Jharkhand counsel argued that the supreme court did not have to wait until the police file their status report regarding Chatterjee’s spouse’s plea before making the decision.The high court was swept up when it declared that the police did not follow the procedure outlined in Sections 80 and 81 of the Criminal Procedure Code (CrPC) counsel added.
The bench advised counsel that if there is an arbitrary use of powers by the government of the state judges with consciences are likely to be swept away.”The state has a responsibility to safeguard its the citizens of its territory,” declared the bench and declined to intervene in the case since the bail decision was an interim order.
Chatterjee’s wife alleged that Dhanbad police detained her husband from his home in Ranchi and failed to notify the local police.This is required according to the CrPC.
The high court heard she stated that her husband had been hounded and targeted for distributing a story about corruption.
ss/vd
