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Synopsis

The Allahabad High Court recently extended interim relief to two journalists facing criminal defamation charges after reporting on allegations of diesel theft from police vehicles in Uttar Pradesh. The court's decision temporarily shields the reporters from arrest, emphasizing the need for a thorough investigation into both the alleged theft and the legitimacy of the charges brought against them.

The case involves journalists from Dainik Bharat Connect, who were allegedly targeted by the Uttar Pradesh police after their article exposed potential misconduct involving diesel siphoned from police jeeps. The police had swiftly registered a criminal case under various Sections of the Bharatiya Nyaya Sanhita, 2023 (BNS), including provisions for false information, false evidence, and defamation, as well as invoking Section 66 of the Information Technology Act.

The bench of Justices Vivek Kumar Birla and Arun Kumar Singh Deshwal directed the Director General of Police (DGP), Uttar Pradesh, to personally oversee the investigation into the reported diesel theft. Court also questioned the validity of the charges against the journalists, ordering the DGP to scrutinize the claims made in the news report and the subsequent first information report (FIR) filed against the petitioners.

The court's order stated that the arrest of the journalists would be stayed until further notice, contingent on their cooperation with the ongoing investigation. Additionally, the court has sought an affidavit from the State, detailing the progress of the inquiry by the next hearing date.

It is the argument of the petitioners' counsel that the charges were baseless and driven by malicious intent, stressing that the news report was supported by substantial evidence, including documents, videos, and photographs, all indicating the occurrence of diesel theft. 

Case Title: Anshu Gupta And Another v. State Of U.P. And 2 Others