The Court of Sessions Judge, Jorhat in Assam on Wednesday rejected the anticipatory bail petition of Utpal Bora, a journalist working for a private satellite channel in Assam in connection with the case of a scuffle that broke out at Malow Ali locality in Jorhat on July 9.
In its order today, the court observed that as stated by the prosecution, the accused/petitioner Utpal Bora is involved in other criminal cases due to which further "examination of the accused persons is necessary".
Moreover, the court rejected the interim bail granted earlier on July 19, while disposing off the case.
The court's order noted that a pre-arrest bail petition had been filed under section 438 of the Code of Criminal Procedure (CrPC) against arrest by five petitioners in connection with the Jorhat Police Station case numbered 359/23 under sections 120(B)/ 341/ 452/ 354/ 354A/ 354B/ 500/ 385/ 506/ 34 of the Indian Penal Code (IPC).
The order read, "The case arose out of an ejahar dated 14/07/2023 lodged by a woman (name withheld). It is alleged, inter alia, in the ejahar dated 14/07/2023 that she and her friends were having party in the residence of one of their friends at Malow Ali, Jorhat, where he resides in a rented house of one Sri Sanjib Bashya, during which, some persons who were around on the road, trespassed into their friend's house and began to record videos of them. The people also screamed that the victim and her friends are spoiling the environment. It is further alleged that subsequently, one journalist of a private satellite channel (name withheld) intimidated them with demand of money failing which some videos will be uploaded in media platforms."
According to the order, the petitioner, that is Utpal Bora and four others have denied all allegations and have also said that they will extend full cooperation to the investigation. The court had granted interim protection to the all the petitioners vide an order dated July 19.
It was also revealed that the other four petitioners, whose name shall be withheld, were not named in the complaint and do not have any specific allegations against them by name.
The court noted, "The informant has alleged that the act of releasing the videos on news media due to their refusal to meet the demands for money, has violated their right to privacy under the Constitution."
"Needless to say that allegations of journalists demanding money with threats of publishing news otherwise, if true, seriously tarnishes the image of the noble profession of journalism", the court further observed.
Moreover, the order mentioned that the Investigating Officer said that despite the issuance of notices, the petitioners did not appear before the Investigating Officer, a condition that had been held while granting interim bail.
It may be noted that the accused journalist Utpal Bora has previous cases to his name including Jorhat Police Station case numbered 3643/19, 346/23, and 347/23.
Earlier this month, after the incident, Assam Director General of Police (DGP) GP Singh directed the IGP in charge Jorhat to supervise the investigation stressing two significant points – 1. Dignity, modesty and respect of women and 2. Safety of media office/personnel and freedom of media.
As per the series of FIR copies shared by the top Assam cop, it was ascertained that a scuffle broke out between individuals and media personnel on July 9 and 10 in Jorhat.
GP Singh wrote on Twitter, "Reference scuffle at Malow Ali, Jorhat on July 9th 2023 and at Prag News channel office on July 10th 2023 - Four FIRs have been registered at Jorhat Police Station by concerned parties under various sections of law. Since the matter concerns two significant issues - 1. Dignity, modesty and respect of women and 2. Safety of media office/personnel & freedom of media, IGP Incharge Jorhat has been directed to proceed to Jorhat and supervise investigation and ensure action per law."
At least four FIRs were registered at Jorhat Police Station of which three were lodged on July 10 and one was filed on July 14.
The first FIR was filed by a journalist of a private satellite channel of Assam, Utpal Bora, alleging that three individuals, identified as Joy Kishore Baishya, Tilak Baishya and Sanjib Baishya allegedly attacked him with a sharp weapon with the intention of murder at his office in Jorhat.
A counter FIR was lodged against the aforementioned journalist by one Joy Kishore Baishya alleging that he was assaulted, harassed by members of the private satellite channel including the journalist Utpal Bora who had lodged an FIR against him. He further alleged that he was beaten up by at least six to seven members of the channel.
On the same day, another counter FIR was lodged by a woman who name has not been shared by the police (security reasons) alleging that she along with her friend was at the room of one Ujal Pegu on July 9 who is also her friend. Suddenly one cameraman along with police came and said the cameraman started taking their photos and videos without their consent. Later, he sent the video to various persons, harming their reputation, the complainant said in the FIR.
Meanwhile, the fourth FIR was lodged on July 14, where a complainant who is also a woman repeated the same incident in addition to harming of the dignity, modesty and respect of the woman.
She in her complaint alleged that while they were at their friend’s place at Malowali, Jorhat on the night of July 9, some reporters barged into their room and filmed them and tried to pull their cloths. The next day reporters from the above mentioned satellite channel allegedly threatened and asked money to settle the issue. Later, the video was again posted by journalist Utpal Bora and tarnished their reputation, the woman alleged in her FIR.
