Punjab ex-DSP, Ludhiana resident get six months’ jail for contempt of court

The Punjab and Haryana high court on Friday sentenced dismissed deputy superintendent of police (DSP), Balwinder Singh Sekhon and a Ludhiana resident, Pardeep Sharma, to six months’ imprisonment after finding them guilty of circulating derogatory videos against judges.

The Punjab and Haryana high court on Friday sentenced dismissed deputy superintendent of police (DSP), Balwinder Singh Sekhon and a Ludhiana resident, Pardeep Sharma, to six months’ imprisonment after finding them guilty of circulating derogatory videos against judges.

Both of them were arrested in Ludhiana on February 20 on high court orders. (Representational Photo)

Both of them were arrested in Ludhiana on February 20 on high court orders. They were produced in the court on Friday and after recording their statements etc, the high court bench of justice GS Sandhawalia and justice Harpreet Kaur Jeewan held them guilty of contempt of court and awarded six months jail and ₹2,000 fine each. They will be lodged in Burail jail in Chandigarh.

The court had issued contempt notice to Sekhon on February 15 for allegedly being instrumental in circulating derogatory and defamatory videos of more than 10 high court judges. However, on February 20, court issued arrest orders of the duo observing that they had been continuing with putting material on social sites and had “abused the judges to the fullest”. Third person was in the case was a web channel reporter of Scroll Punjab, Baljit Marwaha, against whom bailable warrants were issued on February 20.

Sekhon, a dismissed police official has a petition pending since 2021 challenging the order of his dismissal from service issued on May 28, 2021. The trio has been accused of creating, and circulating videos related to judicial proceedings being conducted by judges in high court. All three operated out of Ludhiana.

The videos put out by them contained references to proceedings of the 2013 Jagdish Bhola drug racket in which the court is monitoring steps being taken by the Punjab government on the eradication of drugs and probe into cases of drugs, especially against high-profile individuals. It contained their alleged views about different reports prepared by SITs on the alleged involvement of high-profile individuals and the role of top functionaries of the state, the order said.

‘No need to delay trial to ensure that the message goes home’

While sentencing the duo, the court observed that there is enough judicial precedents that evidence will not have to be led for delaying the matter and for quick dispensation of justice in such like cases to ensure that the message goes home. It added that in their statements they had indicted each other. “ …since we have ourselves seen the videos and the respondents are present in the Court and there is no dispute regarding the identity of the persons involved in the videos and the transcripts of the said videos are per se derogatory, malicious, libelous and against the constitutional authorities and this institution in principle,” it said adding that the videos were featuring on social media and there were almost 37000 subscribers of the platform used and viewers would be manifold.

“Thus mud-slinging by way of open publication and representation of such malicious material being circulated not only at the national but international level, amounts to inciting people at large against the rule of law and against one of the basic wing of the democratic set up under the Constitution of India consisting of the Legislature, Executive and the Judiciary. Thus, it gives us no reason to postpone the proceedings for requiring any trial,” the bench added while deciding the case in a single hearing.

‘The duo showed no remorse’

During the hearing, Sharma submitted that whatever had happened, was an emotional outburst. But refused to offer unconditional apology for his conduct. Sekhon did not admit the contents of both the videos/transcripts and court in its order recorded that “his conduct was derogatory in nature and got personal with the court. He admitted that he had conducted an interview on February 15, but the video was not uploaded on his platform. Sekhon raised slogans “Judicial Gundagardi Murdabad” in the open court when the duo were being sentenced by the court.

Ludhiana police in soup for allowing media bite of Sekhon in custody

The high court has sought a status report from the director general of police, Punjab, regarding the departmental proceedings initiated against the cops, who allowed Balwinder Sekhon and Pardeep Sharma, arrested on February 20 after high court orders in a contempt case, to give bites to media in police custody at Ludhiana court.

In the report submitted the police itself had admitted that the police officials/officers apparently allowed the media bite and a departmental inquiry has been initiated against SHO Sarabha Nagar, and explanation has been sought from the ACP Crime-1, and ACP West, Ludhiana regarding this aspect.

Seeking personal affidavit from the DGP, the court said that proceedings be dealt with expeditiously and also asked for a status report giving an explanation as to how such offending videos, which were constantly being posted on social media platforms since the last six months against the constitutional institutions were being made on a regular basis. It has also been asked whether it amounts to an offence under various provisions of the Indian Penal Code, 1860, The Information and Technology Act, 2000 and other Special Acts or not. “The affidavit will also give an explanation as to why any such proceedings were not initiated against the persons who were constantly uploading/posting such videos and why there is dereliction of duties on their behalf in this regard,” it said adding that state would also give details under which other provisions, it had the authority to detain people who indulge in such activities. The details have been sought within four weeks.

During the hearing it had come came to light that Sekhon had a private channel with 37000 subscribers which was on Youtube. The court has asked Youtube, Twitter and Facebook whether any financial benefits accrue to such persons who create such channel and upload videos. Also whether in this case he had started earning revenue. They have also been asked to specify that how much of revenue or earnings, if any, were given to Sekhon by way of monetization and whether any revenue has been generated in his account. It has also been asked to give details whether they received any complaint regarding such uploading/postings by any set of persons including from any state authorities who were aggrieved on the ground that malicious videos were being posted on their platforms. If any such representation was received, whether any action was taken on the same, the court has asked to give detail about further adding them to elaborate the mechanism to deal with such complaints.

Earlier, Facebook also told court that data/links have been removed or blocked. Youtube submitted that steps are being taken to remove the material. Twitter also submitted that offending links and videos were located and have been blocked. Meanwhile, the central government told court that as directed by court on February 20, the malicious content has been removed from different platforms and sought time to file a detailed reply.