New Delhi/Bengaluru: The Supreme Court has quashed the petition to stay proceedings against two Karnataka journalists and TV-9 Karnataka Managing Director Mahendra Mishra in connection with an attempted sting operation against State Energy Minister D K Shivakumar and noted that sting operations need to be regulated.
The Supreme Court bench comprising Justices Adarsh Kumar Goel and U U Lalit, while passing the verdict on Monday, suggested that one had to involve some police officers while trapping a public servant.
The three media pesrons in question had submittted an appeal to the the Apex Court seeking the quashing of a Bengaluru court’s order that they should stand trial for corruption and other charges.
Two journalists from TV-9 Karnataka under Mahendra Mishra’s guidance had decoyed as representatives of a British energy company called EnergoPower and attempted to bribe Minister Shivakumar ostensibly, seeking early clearances for a solar power project in the state.
However, Shivakumar smelt a rat in the whole deal after checking the credentials of the company the two claimed to represent and had them arrested.
Refuting the charges from the minster’s side, TV-9 Karnataka had contended that the sting operation was conducted in response to the complaints from the public to expose corruption in the state. The channel had also accused Shivakumar of having demanded a kickback initially and claimed that he had changed his tone the moment he realised he was being trapped.
TV-9 had also filed a counter-complaint against the minister’s supporters, claiming that they had manhandled the two journalists in the course of their duty.
A trial court in July 2016, had ordered framing of charges against the three media persons which was challenged by the channel. However, rejecting the plea in November 2016, the High Court had upheld the trial court’s verdict.
Despite a contention by the the legal counsel for the media persons that the Prevention of Corruption Act was not applicable to his clients as they were not public servants, the two-judge bench comprising Justices Adarsh Kumar Goel and U U Lalit, delivered that, “If somebody goes to a minister, tries to pay bribe and gets caught, then he has to prove his innocence in the trial. If you are within your journalistic right, it has to be examined.”
