Journalist Isn't Expected To Dramatize Horrifying Incident & Make News By Putting His Actor In Danger Of Death: Allahabad High Court

The Bench of Justice Vikas Kunvar Srivastav observed thus while denying bail to a journalist who allegedly tempted a person (since dead) that if he would try to commit suicide in front of the Legislative Assembly building, by making a video of him, he will telecast the same on television.

Regarding the role of a Journalist, the Court also remarked:

"The journalist keeps an eye on the anticipated or sudden events happening in the society and brings them to the information of all the people through various news media without any tampering, this is his business."

The matter before the Court

The Court was hearing a bail application filed by an accused named Shameem Ahmad, who has been booked under Sections 306/511/109/506/504 of I.P.C.

He has been accused of inducing a person (deceased) to set himself ablaze into fire just in front of "Vidhan Sabha Bhawan" so that they may film the incident by videography and telecast the same on television.

Facts in brief

The landlord of the deceased wanted him to vacate the house, and on October 19, 2020, he came to the house of the deceased and started abusing her husband in filthy language and asked him to vacate the house.

When the deceased told him his being in financial trouble and inability to vacate the house, the landlord scoldingly asked him to set himself ablazed and die, if he is not able to vacate the accommodation.

Thereafter, the Accused Journalist asked him to set himself ablaze and promised him to cover the incident. Further, he told the deceased that if it happens, the matter, so as planned would get highlighted and no one would force him to evict him from his house.

Allegedly, under the aforesaid inducement, given by the accused, the co-accused brought the deceased in front of "Vidhan Sabha Bhawan", where he, as induced and planned, poured oil on him and lit the fire and the accused journalists were making video of the incident.

The policemen present there, ran to save him by covering him with a blanket and took him to a hospital where he subsequently died on October 24, 2020.

Court's observations

Taking into account the video camera and film recovered from the accused, evidence of the independent witness, and the C.C.T.V. of Vidhansabha, the Court noted that instead of saving the grievously burning deceased, the accused kept on filming it till he was badly scorched.

Therefore, the Court observed that the case of the prosecution against the accused was prima facie established that he told the deceased, living in mental and financial distress, to the temptation and plan to get rid of them.

The Court further noted that he was present with the deceased at the scene of the incident and filming it and therefore, the claim of his innocence by the accused was prima facie not established.

Importantly, the Court said:

"The complainant (wife of the deceased), who is already mentally distressed by her husband's financial condition, who further committed suicide under the influence of the accused, if the accused is made free, she would be in danger. She is the main witness in the case. For fair trial, the complainant would need a completely fear-free environment as a witness. She has the right to have a fair trial of the matter."

Thus, the application of the bail moved on behalf of accused-applicant was rejected.

Case title - Shameem Ahmad v. State of U.P

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