The Supreme Court of India.
Credit: PTI File Photo
New Delhi: A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the journalist may have breached jail manuals, but the fact that it can happen in jail was a serious matter.
The court, however, directed the journalist to co-operate in the investigation being conducted by the SIT.
"Pending further orders, let there be no arrest of the journalist," the bench said, after hearing senior advocate Mukul Rohatgi on behalf of the ABP news.
The court issued notice on the petitions filed by the ABP news network.
Rohatgi questioned the validity of the Punjab and Haryana High Court's order bringing into scanner the interview conducted by the TV channel in suo motu matter, saying this would have chilling effect on free speech guaranteed under Article 19(1)(a) of the Constitution.
"This is investigative journalism and nothing else. The journalist knew that phones are easily available inside the jail. He used his sources to conduct the interview," he said.
The counsel said the High Court was considering the issue as to how such inmates got such facilities, as someone pointed out the interview, it ordered registration of the FIR.
"The fact remains that you gained access to the jail and published an interview in TV channel, whose permission did you take? we see the broader point of 19(1)(a) of the Constitution but there are restrictions by virtue of incarceration," the bench said.
The counsel said if at all this case has to investigated then let it to go to CBI.
"How can the Punjab police look into this at all," he asked.
"You are aware of the watergate scandal and if an investigative journalist does not expose the rot then who will? Now the journalist is getting threats," the counsel said.
Rohatgi said the journalist, though yet not arrested, he feared he may be arrested. He pointed there were two interviews one in Rajasthan jail and another from Punjab jail.
On July 30, 2024, the Supreme Court had refused to consider a plea by jailed gangster Lawrence Bishnoi challenging an order passed by the Punjab and Haryana High Court to constitute a special investigation team (SIT) and register FIR over his interview with a TV channel while in jail.
Bishnoi is one of the accused in the 2022 murder of singer Sidhu Moosewala.
In March 2023, the private news channel ran two interviews of Bishnoi. In December 2023, the High Court had ordered the registration of FIR and probe by an SIT headed by IPS officer Prabodh Kumar into the interview of Bishnoi. The High Court had acted suo motu in the matter concerning the use of mobile phones by inmates within jail premises.