Supreme Court of India
The Supreme Court on Thursday sought the UP government's reply within two weeks on a plea seeking bail for a journalist arrested under the UP Gangsters and Anti-Social Activities (Prevention) Act for alleged extortion of Noida police officers. A Bench of Chief Justice S.A. Bobde and Justices B.R. Gavai and Surya Kant issued the notice. Advocate Prashant Bhushan said the journalist was arrested last year but the high court was yet to decide on the bail plea.
Stating that petitioner Nitish Pandey is a journalist and not a gangster, Bhushan claimed the high court had been adjourning the matter frequently, which was allowing the state opportunity to file counter affidavit. Uncorroborated charges had been levelled against the journalist, he added.
Pandey was arrested on August 23, 2019, under various provisions of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986.
Bhushan said the journalist had actually exposed corruption in the Noida police department through many stories on his news portal.
"The high court while adjourning the bail plea on several occasions failed to appreciate that cases concerning incarceration of an individual and jeopardising personal liberty, based on false prosecution and motivated allegations, are to be viewed seriously. Ordinarily, courts ought to lean in favour of guaranteeing personal liberty," he said.
According to the FIR, one alleged organised gang, comprising journalists, had been acquiring pecuniary material and other benefits in an illegal manner by exercising wrongful pressure over the officers, especially officers of the police department.
The police identified the active members of the gang as Susheel Pandit, Udit Goel, Raman Thakur, Chandan Rai and Nitish Pandey and alleged that it operated largely by luring police officers to act in their favour.
Police officers, who refused to be influenced, were blackmailed and their image was tarnished by publishing baseless and fictitious information on social media.
