'Speculative Case': Journalist Mahesh Langa In Plea To Quash FIR Alleging Theft Of Confidential Documents, Gujarat HC Issues Notice

Journalist Mahesh Langa told the Gujarat High Court on Thursday (January 30) that the FIR registered against him by the Gandhinagar Police for alleged corruption, criminal conspiracy and theft where he is accused of obtaining "highly confidential government documents" was "speculative in every sense". After hearing the matter for some time Justice Divyesh A Joshi issued notice to the State on Langa's plea seeking quashing of the FIR. Appearing for Langa senior advocate Kapil Sibal submitted, "Case against him is that he has these documents. They (State) don't know who gave him these documents. They have not investigated who is the public servant in Gujarat Maritime Board who gave him these documents. They don't know how these documents were given and when they were given. They don't know whether any allegedly price was paid for these documents...they only found that these documents were in his possession and on that basis they made a speculation that these documents must have been given by a government officer who is part of the Board. And since he must have given the documents then obviously he must have paid for them. Therefore the prevention of corruption Act. And because the documents must have been given by the government servant therefore there is a theft involved....and since these documents must have been given, pursuant to a theft that must have happened, pursuant to a consideration that must have been paid therefore there must have been a criminal conspiracy and therefore this FIR is lodged. Therefore it is speculative in every sense". Sibal pointed to the offences alleged against Langa. With respect to invocation of BNS Section 316(5) (Criminal Breach of Trust by public servants, bankers, merchants and other professionals) Sibal said that there is no evidence of entrustment in the present case. The other offences registered in the FIR includes BNS Sections 303(2) (Theft), 306 (Theft by clerk or servant of property in possession of master), 61(2) (Criminal conspiracy) and Sections 7(a)(Undue advantage to influence a public servant), 8 (Bribing a public servant), 12 (Punishment for abatement of offences), 13(1)(a) (Criminal misconduct by a public servant), 13(2) (Punishment for a public servant who commits criminal misconduct) of the Prevention of Corruption Act.The court orally asked if the applicant is in judicial custody in the present matter to which Sibal said that Langa is in judicial custody in another case and not in the present case. As the court issued notice, Sibal said, "My only request is in the meantime no coercive steps be taken...There may be a bail there(in the other case) and then immediately he may be arrested". To this the court orally said, "He is in judicial custody. Where is the question of...coercive steps?". Notably on 21st January, a coordinate bench of Justice Sandeep Bhatt had recused from hearing the plea. The plea claims that it has been was alleged in the FIR that Langa obtained certain "highly confidential documents" from Gujarat Maritime Board (GMB) though the responsibility of preserving such documents lies with the employees of concerned department. It was alleged that the documents were received by Langa through an unauthorized channel by an "unidentified employee" of GMB and were not provided by Public Information Officer nor was it available on public domain.The plea claims that the allegations are based on conjecture and prima facie do not establish Langa's involvement.The plea seeks quashing of the FIR as well as all consequential proceedings. As interim relief the plea seeks for a stay of the proceedings pertaining to the FIR and a direction to the respondents not take any coercive action. The matter is next listed on February 13. Case Title: Maheshdan Prabhudan Langa vs State of Gujarat & Ors.SCR. A 16612/2024

'Speculative Case': Journalist Mahesh Langa In Plea To Quash FIR Alleging Theft Of Confidential Documents, Gujarat HC Issues Notice

Lovina B Thakkar

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