Two Journalists Move Supreme Court Against Alleged Beating By Madhya Pradesh Police Over Reports On 'Sand Mafia'

Two journalists have moved the Supreme Court against alleged beating by Madhya Pradesh police officials over their reports on a 'sand mafia'.

It may be recalled that in May this year, journalists Shashikant Jatav and Amarkant Singh Chouhan from Bhind, MP alleged that they were manhandled inside the office of the Superintendent of Police. They have now approached the Supreme Court seeking protection from coercive action as well as action against the concerned police officials.

The matter was mentioned today before a bench of Justices Sanjay Karol and Satish Chandra Sharma, which agreed to its urgent listing.

The counsel who mentioned the matter submitted that the alleged incident happened in May and the petitioners are apprehending arrest in false and fabricated cases. "It's very serious...they were beaten in a police station...They have now rushed to Delhi to seek refuge...they are apprehending arrest in false and fabricated cases [by Bhind police]", she said.

In response, the bench questioned why the petitioners did not approach the MP High Court. Underlining financial constraints, the counsel replied that following threats to their lives, the petitioners came to Delhi seeking refuge and have obtained protection. "This is really one of those cases...they don't have the wherewithal..." she said.

"We should entertain all India matters for anticipatory bails only because a journalist is there?" questioned Justice Sharma. The counsel however pressed, "Really their lives were in danger". She added that Press Club of India has condemned the incident.

Ultimately, the bench agreed for urgent listing of the matter. Before parting, Justice Sharma posed to the counsel, "you are running a risk". In similar vein, Justice Karol expressed, "We are telling you, if it comes before this bench, you know the conclusion". The counsel replied that she would anyway try to persuade the Court to the best of her ability.

What does the petition say?

Petitioner No. 1-Shashikant Jatav is the Bhind Bureau Chief for Madhya Pradesh based news organization – Dainik Bejor Ratna, while petitioner No. 2-Amarkant Singh Chouhan is the Bhind Bureau Chief of Swaraj Express news channel.

The petition accuses Bhind SP and his subordinates of custodial assault, kidnapping, caste-based abuse, and continued harassment. It is stated that owing to threat to life and liberty, the petitioners have been forced to flee their hometown and do not have the means to approach the MP High Court.

As per claims, the petitioners are being targeted by Bhind police for their reports exposing illegal sand mining activities in Chambal River, which are being carried out by "sand mafia" in connivance with the local police.

The petition alleges that the petitioners were "misleadingly" invited by the Bhind SP to his office on May 1 and after reaching there, they were physically assaulted and criminally intimidated. Reportedly, there were other journalists present at the SP's office besides the petitioners, who were also assaulted and stripped prior to their arrival.

The plea accuses the Bhind officials of using casteist abuses and slurs against petitioner No.1 (belonging to 'Jatav' community) as well as battering him with chappals. "These acts of Bhind Police are violative of Article 15 of the Constitution and are offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989", it states.

It is further mentioned that after the State Press Club and Press Club of India took cognizance of the matter and demanded action against the police officials, the petitioners were summoned by the Bhind SP on May 5 and made to record a video saying that the issues between them and the officials had been "resolved".

Subsequently, the plea states, the petitioners fled to Delhi and lodged complaints with Press Club of India and National Human Rights Commission.

Amarkant Singh Chouhan approached the Delhi High Court and obtained orders for protection by Delhi police for a period of 2 months. He was also granted liberty to move the MP High Court. Shashikant Jatav however could not obtain similar orders and his petition before the Delhi High Court stands adjourned to July.

Alongside these developments, the petitioners claim that the Bhind Police has initiated vindictive and coercive measures against them, has falsified complaints, and is also lodging false FIRs.

Case Title: Shashikant Jatav and Anr. v. State of Madhya Pradesh and Ors.