New Delhi, June 4 (UNI) The Supreme Court on Wednesday refused to grant interim protection from arrest to two Madhya Pradesh-based journalists who alleged custodial violence, caste-based abuse and threats to life from the Bhind police, including Superintendent of Police (SP) Asit Yadav.
A bench, comprising Justices Sanjay Karol and Satish Chandra Sharma, was hearing the writ petition filed under Article 32 of the Constitution by journalists Shashikant Jatav and Amarkant Singh Chouhan, seeking urgent protection from coercive action.
The Court declined to pass any interim order, stating that unless the exact nature of the criminal allegations made by the police was known, it could not grant such relief.
“Suppose you commit a crime like murder, can we grant you no coercive protection order? We have to know what kind of crime police is alleging,” Justice Sharma remarked.
Justice Karol pointed out that the petitioners had not disclosed they had earlier approached the Delhi High Court. “You should have told us that you approached Delhi HC already. The story that you created yesterday has not come across in the petition. You have said you have a threat to your life day in and day out,” he said.
Advocate Warisha Farasat, appearing for the petitioners, submitted that the Delhi High Court does not have jurisdiction over the matter as the incidents occurred in Madhya Pradesh.
She contended that the journalists and their families continued to face threats and could not safely approach the Madhya Pradesh High Court.
Justice Karol observed, “We appreciate you are the fourth pillar. But you have to show the apprehension borne out of the record. What prevents you from going to the Madhya Pradesh High Court? What prevents you from going to the Delhi High Court, which is sitting during vacations?”
The bench also noted that SP Asit Yadav, against whom serious allegations were made, had not been impleaded as a party. “It is very easy to make allegations against an IPS officer and keep making allegations in black and white,” Justice Sharma observed.
Adv Farasat pleaded for interim protection till Monday, saying, “If you can protect me till Monday from arrest…”
However, the Court responded, “Suppose you are guilty of murder, what do we do? We need to see what's against you. Sorry, we cannot protect you now.”
Despite denying interim relief, the Court issued notice to the State and directed the matter to be listed for further hearing on June nine.
According to the petition, the journalists were allegedly kidnapped and assaulted in custody on May one after reporting on illegal sand mining in the Chambal river region, allegedly in police connivance.
The plea further states that Shashikant Jatav, who belongs to a Scheduled Caste community, was subjected to caste-based abuse and beaten on the orders of SP Yadav.
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