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Bombay HC Raises Objection to OSA Charges Against The Quint Journo

Poonam Agarwal was booked for allegedly abetting the suicide of Mathew on 27 March 2017.

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The Bombay High Court on Wednesday, 29 August, raised objections on charges levelled against journalist Poonam Agarwal, in connection with the suicide of Indian Army soldier Lance Naik Roy Mathew, in 2017.

Agarwal was booked for allegedly abetting the suicide of Mathew on 27 March 2017. She was also booked under criminal trespass and the Official Secrets Act, on the basis of a complaint by the Army.

The police alleged that Mathew took his own life after a sting video shot by Agarwal, featuring him, to highlight the prevalent “sahayak system” was published.
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Where Is Knowledge Or Intention, Asks Bench

A two-judge bench comprising Justice Ranjit More and Justice Bharati Dangre reportedly said:

“Where is the knowledge or intention, made out or that can be attributed to the journalist and also co-accused. Similarly, how can charges under the officials secrets act be made out.”

Hearing a plea filed by the journalist and Kargil war veteran Deepchand Singh, the court observed that the deceased committed suicide because the seniors scolded him, reported DNA.

“The deceased committed suicide because his seniors scolded him, not because of the accused,” the bench said.

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Background

The Quint published a video story on 24 February, exposing the abuse of jawans, despite the Army having recently issued a circular to put an end to the misuse of the “sahayak” system.

The identities of all the jawans featured in the video were masked.

Following the death of one of the jawans featured in the video, The Quint took down the story on 3 March, in the interest of the investigation and to ensure that the other jawans who appeared in the video were not harassed and driven to the same fate by officers whose misconduct was exposed.

While granting anticipatory bail earlier in 2017, the court observed:

After viewing the said clip, it appears that the purpose of the sting operation was to show that sahayaks were made to do menial work.

The court observed that the sting operation done in a prohibited area does not necessarily attract Official Secrets Act.

The court has posted the matter for further hearing on 19 September.

(With inputs from DNA)

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