New Delhi, 7 May 2023: The Indian Journalists Union condemns the arrest of Times Now Navbharat channel’s journalist Bhawana Kishore, her colleague Mrityunjay Kumar, and driver Parminder Singh, for allegedly hitting a woman with their car and using ‘casteist slurs’ at her at an AAP event they were to cover. However, the channel claimed the arrest was connected to its reporting on the renovation of Delhi Chief Minister Arvind Kejriwal’s official residence. 

According to reports, the arrest followed a complaint by the woman alleging that after her rickshaw was hit by the car while she was on her way to attend Punjab CM Bhagwant Singh Mann’s opening of an ‘Aam Aadmi clinic’ in Ludhiana, (where Kejriwal was also present), an argument ensued during which casteist slurs were used by the journalist. An FIR was registered under the SC/ST (Prevention of Atrocities) Act and provisions of the IPC. 

Bhawana and her colleagues moved the Punjab and Haryana High Court and got interim bail. Their counsel had claimed the case was “nothing but political witchhunt on State of Punjab’s part” as they were denied entry to the event and “…were returning when their car probably brushed past a rickshaw, and they were asked to come out of the vehicle and surrounded”. Days earlier, the channel had broadcast ‘Operation Sheeshmahal’, saying there had been “ultra-lavish and disproportionate expenditure incurred in refurbishing Delhi CM’s official residence.” 

In a statement IJU President and former Member of Press Council of India Geetartha Pathak and Secretary General, IFJ Vice President and FAPaJ President Sabina Inderjit said the filing of an FIR and subsequent arrest of the channel’s staff was a tool to harass and intimidate the journalists and an assault on press freedom. It appears to be a case of vendetta by the AAP government, unhappy over the channel’s broadcast. The IJU demanded that Punjab CM and AAP chief Kejriwal refrain from such bullying tactics and allow the media to carry out its duties without fear or favour. 

Before the Army’s Court of Inquiry, Tehelka reporter Samuel had recorded a statement that Ahluwalia never demanded any money and had even refused to attend the dinner that was hosted at a five-star hotel.  The court observed that the assertions in the cross admission clarified that no demand was made by Ahluwalia and no money was paid to him by Tehelka. The judge considered Samuel’s admissions at the cross examination, which contended that an amount of Rs 50,000 was not accepted by Ahluwalia. 

In the order, Justice Krishna noted, “It does not require any imagination to understand the wide ramifications of alleging corruption against a senior army officer and also the consequences thereto.”  She further remarked that there couldn’t be a “more blatant case of causing serious harm and injury” to the reputation of an army officer, “who despite all endeavours of the defendant, had refused to accept any bribe”.  

The army inquiry had recommended Ahluwalia’s dismissal from service, but the chief of army staff had found that no misconduct had been proven and, in his discretion, he had awarded Ahluwalia with “Severe Displeasure” instead. Under the Army Act, an officer who is awarded with “Severe Displeasure” is disqualified from getting promotion for three years. 

The defendants argued that the fact that Ahluwalia was held guilty and awarded the punishment of Severe Displeasure corroborated the involvement of Ahluwalia in the case. But the court dismissed this, by saying that this argument was “specious” and a “desperate attempt” by the defendants to cover their follies.  The defamation suit had also named Zee Telefilm Limited, its former chairman Subhash Chandra Goenka, and its former CEO Sandeep Goyal, as transcripts of the video tapes were released on Zee News.  

However, the court said that neither the tapes nor the recording of the telecast had been produced before the court, hence, it cannot be determined if it contained any defamatory material. It held that the act of defamation against Zee and its executives was not proven.