An Indian court has defended sting operations as a means to expose corruption. The Delhi High Court on Friday quashed criminal proceedings against two journalists who unearthed a sensational scam involving Members of Parliament (MPs) in 2005.
Hearing the petition of journalists Aniruddha Bahal and Suhasini Raj, Justice Shiv Narayan Dhingra observed that “charging the petitioner under offence of the Prevention of Corruption Act would amount to travesty of justice”. Justice Dhingra said every citizen must strive for a corruption-free society and expose corruption whenever it comes to his or her knowledge and try to remove it at all levels, more so at higher levels of management of the state.
Bahal described the judgment as "historic" and said it would give a boost to investigative journalism. He said, "It was really disgraceful on the part of the Delhi Police to register case against us rather than making us witness in the case."
Bahal and Raj of the website Cobra Post had challenged a summoning order issued by a Special Judge in connection with the sting operation in which 11 MPs from different political parties were caught on camera accepting bribes for raising and tabling questions in Parliament in December 2005.
The expose ‘Operation Duryodhana’ was shown on the Aaj Tak television channel. An inquiry committee of both the Houses of Parliament had recommended the expulsion of the MPs — 10 from the Lok Sabha (Lower House) and one from the Rajya Sabha (Upper House).
The court observed that corruption in the country had now taken “deep roots”, and that acting as “agent provocateurs” to expose graft at higher level did not amount to abetting this crime. The judge set aside an earlier trial court order of July 6, 2009 taking cognisance of the charge sheet filed by the Delhi Police against the two journalists.
The police, on the recommendations of the parliamentary committee, which also suggested an enquiry into the role of a middleman in the sting operation, had filed an FIR (First Information Report) against Bahal, Raj and Aaj Tak, for abetting the crime of giving bribes to MPs for raising questions in the Parliament. The court dismissed the contention of the police that the journalists should have informed it about the scam and it would have taken action against the corrupt MPs saying that it is well known what is the fate of whistleblowers in the country.
