‘Road accident’ case: HC quashes FIR against video journalist

In May this year, Delhi-based journalist representing a national news channel Bhawana Gupta, Mritunjay Kumar, the video journalist of the channel and Parmender Singh Rawat, the driver of the vehicle, were booked in an accident case by Ludhiana Police, when their car allegedly hit a woman in Ludhiana, when they were there to cover an event to be attended by AAP chief and Delhi chief minister, Arvind Kejriwal

The Punjab and Haryana high court on Thursday quashed an FIR against a TV channel video journalist Mritunjay Kumar booked in a criminal case by Punjab police along with a reporter on May 5, 2023, in Ludhiana.

The journalists all along had claimed that the case was nothing but a ‘political witch-hunt’ on the part of the state at the behest of AAP as the channel and its sister publications were reporting against the Delhi chief minister for renovating the official residence at a very high cost and that they were in Ludhiana as part of follow up to that story.

“It is strange that despite there being no allegation or involvement of the petitioner, he was arraigned as an accused, and was also arrested,” the bench of justice Anoop Chitkara said while quashing the FIR against Kumar.

In May this year, Delhi-based journalist representing a national news channel Bhawana Gupta, Mritunjay Kumar, the video journalist of the channel and Parmender Singh Rawat, the driver of the vehicle, were booked in an accident case by Ludhiana Police, when their car allegedly hit a woman in Ludhiana, when they were there to cover an event to be attended by AAP chief and Delhi chief minister, Arvind Kejriwal. The prosecution had also invoked Section 3(1)(R) and 3(1)(S) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities), Act, 1989 against them.

The journalists all along had claimed that the case was nothing but a ‘political witch-hunt’ on the part of the state at the behest of AAP as the channel and its sister publications were reporting against the Delhi chief minister for renovating the official residence at a very high cost and that they were in Ludhiana as part of follow up to that story.

Kumar had argued that he was neither a driver of the vehicle nor had hurled any abuses. He was merely present in the vehicle.

The court observed that it remains undisputed that Kumar did not hurl the alleged abuses, which according to the prosecution made out an offence under provisions of the SC/ST Act. It also remains undisputed that the petitioner was not driving the vehicle. No allegation for damage to the mobile phone was levelled against Bhawna Gupta or Mritunjay Kumar, the court further noted.

“…it is a fit case where the continuation of criminal proceedings shall amount to an abuse of the process of law, and the Court invokes its inherent jurisdiction and quashes the FIR,” the bench said. The petition filed by Gupta seeking quashing of FIR remains pending before the high court.