Journalist Rajni Bhatia, accused of extortion following a sting operation, granted bail under Bharatiya Nagarik Suraksha Sanhita, 2023.
In a significant ruling, the Indore Bench of the Madhya Pradesh High Court has granted bail to journalist Rajni Bhatia, who faced charges after exposing illegal prenatal sex determination and female foeticide practices in Dewas district through a sting operation. The decision, delivered by Justice Pavan Kumar Dwivedi, highlights the court's recognition of Bhatia's actions as being in the public interest, rather than criminally motivated.
The court heard that Rajni Bhatia, associated with Tehelka Digital News, conducted an investigative sting operation to unearth unlawful practices in various nursing homes and hospitals. The evidence, including video recordings, was submitted to authorities, including the Commissioner of the Health Department and the Director General of Police, prior to the registration of the First Information Report (FIR) against her. Despite these submissions, Bhatia was accused of conspiracy and extortion, allegations her defense claimed were retaliatory.
Bhatia's counsel argued that the charges were baseless, as the evidence had already been provided to high-ranking officials, negating the possibility of extortion. Moreover, the court noted that similar charges against Bhatia's co-accused had been dismissed, and protective orders had been issued by the Supreme Court in related cases.
The High Court granted bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, equivalent to Section 439 of the Criminal Procedure Code, 1973, considering the mala fide nature of the allegations and the absence of any credible threat posed by Bhatia. The bail is contingent upon her furnishing a personal bond of Rs.1,00,000 with a surety of the same amount and adhering to conditions set by the court, including regular appearances during the trial.
This decision underscores the judiciary's role in safeguarding press freedom and recognizing the importance of investigative journalism in public interest, especially in cases where journalists expose unlawful practices at significant personal risk.
Bottom line:-
Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 was allowed considering that the applicant had acted in public interest by exposing illegal activities through investigative journalism and had provided the evidence to authorities prior to the registration of the FIR.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, 2023 Sections 308 (6), 111 (2), 61 (2), 3 (5), Preconception and Prenatal Diagnostic Techniques Act, 1994, Medical Termination of Pregnancy Act, 1971, Criminal Procedure Code, 1973 Section 439
Rajni v. State of Madhya Pradesh, (Madhya Pradesh)(Indore Bench) : Law Finder Doc id # 2931179
