Supreme Court Today (June 4) refused urgent protection to two journalists from Madhya Pradesh who claimed police violence and caste discrimination. The Court said it needs more clarity on the charges before giving relief.
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NEW DELHI: In the Supreme Court, two journalists from Madhya Pradesh—Shashikant Jatav and Amarkant Singh Chouhan—alleged that they were beaten, abused with casteist slurs, and are now facing constant threats to their lives from Bhind police, including the Superintendent of Police (SP) Asit Yadav.
However, the Top Court today refused to give them immediate protection from arrest.
A Bench of Justices Sanjay Karol and Satish Chandra Sharma said they could not pass any order without knowing exactly what kind of crime the police are accusing the journalists of.
“Suppose you commit a crime like murder, can we grant you no coercive protection order? We have to know what kind of crime police is alleging,”
-Justice Sharma remarked.
The Court also criticized the way the case was presented, stating that important details were missing from the petition.
Justice Karol said,
“You should have told us that you approached Delhi High Court already. The story that you created last day.. it has not come across in the petition. You have said you have threat to your life day in and day out.”
The journalists’ lawyer, Advocate Warisha Farasat, informed the Court that the Delhi High Court cannot deal with the matter since the events happened in Madhya Pradesh. The Court asked why they had not gone to either the Madhya Pradesh High Court or Delhi High Court, which is functioning during the court vacation.
“We appreciate you are the fourth pillar. But you have to show the apprehension borne out of the record. What prevents you from going to Madhya Pradesh High Court? What prevents you from going to Delhi High court which is sitting during vacations?”
-the judges asked.
The Bench also pointed out that the main person accused—SP Asit Yadav—was not even included as a party in the legal petition.
Justice Sharma stated,
“It is very easy to make allegations against an IPS officer and keep making allegations in black and white.”
When Advocate Farasat asked for temporary protection from arrest till Monday, the Bench refused and said,
“Suppose you are guilty of murder, what do we do? We need to see what’s against you. Sorry we cannot protect you now.”
The Court has issued notice to the Madhya Pradesh government and scheduled the next hearing for June 9.
The petition, filed under Article 32 of the Indian Constitution, asked for immediate protection from threats and arrest for the two journalists. As per their claims, on May 1, after they reported illegal sand mining in the Chambal region allegedly being done with help from local police, they were lured to the SP’s office for tea. But once inside, they saw other journalists stripped to their underwear and allegedly being beaten.
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According to the plea, Shashikant Jatav—who belongs to the Scheduled Caste ‘Jatav’ community—was insulted with casteist language and beaten with slippers as per instructions from SP Asit Yadav.
The journalists say they cannot safely go to the Madhya Pradesh High Court because the police from Bhind are still threatening them and their families.
Advocates Warisha Farasat, Tamanna Pankaj, Priya Vats, Aman Naqvi, Anirudh Ramanathan, and Shivanjali Bhalerao represented the journalists in the case.
CASE TITLE:
Shashikant Jatav @ Shashikant Goyal & Anr v. State of Madhya Pradesh.
Article 32 of the Indian Constitution
The petition was filed under Article 32 of the Constitution of India, which is famously called the “Right to Constitutional Remedies.”
This Article gives citizens the right to directly approach the Supreme Court if they believe their fundamental rights have been violated.
Key highlights of Article 32
- Direct access to Supreme Court: Citizens can directly approach the top court for the enforcement of their fundamental rights.
- Issuance of writs: The Supreme Court can issue writs such as:
- Habeas corpus – to ensure legal justification for detention
- Mandamus – to compel public officials to perform their legal duties
- Prohibition – to stop lower courts from acting beyond their jurisdiction
- Quo warranto – to question the authority of a person holding a public office
- Certiorari – to review decisions of lower courts
- Empowerment of other courts: Parliament can empower lower courts to exercise similar powers as the Supreme Court.
- Part of Fundamental Rights: Article 32 is embedded in Part III of the Constitution, which deals with Fundamental Rights.
- Suspension during Emergency: This right can be suspended during a national emergency.
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