While refusing to interfere with the interim order passed by Jharkhand High Court granting relief to News 11 Bharat Journalist Arup Chatterjee, the Supreme Court has slammed the excess use of State Power.
"See, how the State of Jharkhand is harassing a journalist. This is an excess of State power", a bench comprising of Justice DY Chandrachud and Justice Hima Kohli noted while adjudicating upon the petition filed by State Government.
The Court expressed grave concern over blatant transgression by the State Officers and didn't approve of plain disregard for law in making the arrest by the Enforcement Authority.
The journalist was granted bail on the aspersion that he was arrested without following the due procedure under Section 41-A CrPC, and the procedure pertaining to production of accused before Magistrate under Sections 80 and 81 CrPC.
The High Court didn't leave the matter loose-handed and asked the State to file affidavit explaining the action of the Police in making an arbitrary arrest. It also warned of contempt proceedings if procedure laid down in Arnesh Kumar and D.K. Basu v. State of West Bengal, wasn't followed.
Justice Chandrachud raised concerns regarding the harsh treatment the repondent met out with and how that doesn't resonate with democratic and constitutional ethos.
"You go to his house at 12 o'clock at night, pull him out of his bedroom...This is no way to treat a media journalist. This is complete lawlessness."
The journalist's wife had approached the High Court alleging that the arrest was made without following the due process of law.
It was submitted that the Dhanbad Police that came to Ranchi without intimation to the local police arrested the husband of the petitioner, midnight from their resident. It was being averred that the Police did not issue any notice under Section 41-A CrPC.
The wife was of the view that her journalist-husband was arrested in a false and fabricated matter which is aimed at harassing him for broadcasting a story against corruption. Her petitioner referred to Dhanbad police as 'higher ups shut the mouth of one of the pillars of the democracy.'
The High Court was prima facie of the view that the due process of law has been flouted as before obtaining the warrant of arrest from the concerned Court, no notice under Section 41-A CrPC was issued to the petitioner's husband to cooperate in the investigation.
He was prevented from meeting his family and acquaintance despite directions from the Supreme Court and a number of High Courts.
Justice Chandrachud raised concerns regarding the harsh treatment the repondent met out with and how that doesn't resonate with democratic and constitutional ethos.
"You go to his house at 12 o'clock at night, pull him out of his bedroom...This is no way to treat a media journalist. This is complete lawlessness."
The journalist's wife had approached the High Court alleging that the arrest was made without following the due process of law.
It was submitted that the Dhanbad Police that came to Ranchi without intimation to the local police arrested the husband of the petitioner, midnight from their resident. It was being averred that the Police did not issue any notice under Section 41-A CrPC.
The wife was of the view that her journalist-husband was arrested in a false and fabricated matter which is aimed at harassing him for broadcasting a story against corruption. Her petitioner referred to Dhanbad police as 'higher ups shut the mouth of one of the pillars of the democracy.'
The High Court was prima facie of the view that the due process of law has been flouted as before obtaining the warrant of arrest from the concerned Court, no notice under Section 41-A CrPC was issued to the petitioner's husband to cooperate in the investigation.
He was prevented from meeting his family and acquaintance despite directions from the Supreme Court and a number of High Courts.
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(With input from news agency language)
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