TOI (June 22, 2012)

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TOI (June 22, 2012) THE TIMES OF INDIA, AHMEDABAD 4 TIMES CITY FRIDAY, JUNE 22, 2012 he facts of the case are that the respondent No.2 (O P Mathur) T was appointed as Police Com- missioner, Ahmedabad city on 20th May, 2008. The Times of India pub- ‘Really absurd to say lished certain news items in its Ahmeda- bad edition beginning from 27th May, 2008. The first news item came to be pub- lished under the heading “Was Ahmeda- bad CP a Latif Man? CBI papers cast a shadow on O.P. Mathur’s role in Ex-MP articles amount to sedition’ Rauf Valiullah’s murder in 1992”. On 28th May, 2008, the Ahmedabad edi- tion of TOI carried a news item titled “How can Ahmedabad be safe in his On April 18, 2012, Justice Harsha Devani Of Gujarat High Court Quashed Charges Of hands? As Head of ‘Latif Squad’, was Mathur also on don’s payroll?” Sedition Filed Against The Times Of India By The Then Ahmedabad Police Modi and O P Mathur On 29th May, 2008, TOI published a news item under the title “OPM high Commissioner O P Mathur. We Now Have A Written Copy Of The Order. Excerpts... same would not in any manner have the A’bad can do without — He brandished effect of creating hatred, disaffection or revolver, left it at lady love’s house”. An- din encounter was fake, and his wife contempt for the State Government. As other news item was titled “Geetha Judging the contents of the Kauserbi was also killed by the same held by the Supreme Court, the state gov- showed who is boss”. The said edition bunch of police officers. If the CD was ernment cannot be identified with an also contained a column bearing the articles in question, from the still part of the Sohrabuddin case pa- individual, under the circumstances, if heading “Do you want O P Mathur to standards of a reasonable man, pers, a top Gujarat minister (Amit Shah) the said articles have the effect of creat- continue as commissioner of police, the same would not in any and a high- ranking BJP politician of ing any disaffection against Mathur as Ahmedabad?” and invited opinions of manner have the effect of Rajasthan would be running for cover. an individual, the same would not attract the readers. This political duo reciprocated last the provisions of section 124A of the Act. creating hatred, disaffection or week by making Mathur the Commis- contempt for the State sioner of Police, Ahmedabad. Thus, this Government article contains an imputation against It is stated in the said article that the political duo, which is alleged to DCP Geetha Johri, an officer that on the basis of statements recorded have reciprocated by making Mathur a junior to Mathur, promptly acted by the CBI in respect of earlier investiga- Commissioner in connection with the tion in connection with the murder of CD which was found to be missing. upon a tip-off that Latif and his Congress leader and Ex-M.P. Rauf Valiul- In the article published on 31st May, gang had been spotted at Mahad lah, the articles in question have been 2008 which bears the heading “Latif an Ka Mohalla. However, while Latif published questioning the wisdom of the ISI man and Mathur a Latif man? Five state government in appointing Mathur Million Amdavadis can’t be safe under escaped two of his men were as the police commissioner, given his new police chief with dubious links”, arrested by Geetha and her men Abdul Latif (L), and Rauf Valiullah background as narrated in the said arti- the background of Mathur has been and that by the time Mathur cles. A close reading of the said articles stated and it has been further alleged dragged his feet to reach Mahad On 30th May, 2008, TOI contained a reveals that what is stated therein is that on the one hand, the security cover news item bearing the heading “Crooked based upon statements recorded by the of Chief Minister Narendra Modi has Ka Mohalla, things had path to the crown” “OP Mathur Got the CBI, viz., official records. The said been upgraded to “PM level” on the quietened down Position of Commissioner of Police, records are related to the official func- other, there is virtually no insulation Ahmedabad, as reward for botching up tions of Mathur. O P Mathur from terror strikes for five million Am- Moreover, it is really absurd to say that the probe into the fake encounter of So- A perusal of the article dated 28th davadis. The rickety security machin- articles in question amount to sedition. hrabuddin, a close associate of mafia don May, 2008 in respect of which the second tempt or disaffection towards the state which indicated towards a possible nexus ery of Gujarat’s largest city now has a If such were the case, then every argu- Latif”. first information report has been lodged government inasmuch as the same does behind the elimination of Sohrabuddin Head who cannot be trusted with han- ment/comment against the man- On 31st May, 2008, TOI carried a news shows that the same is based upon the not even mention any act of the state in order to save some Rajasthan-based dling either the underworld or terror ner of functioning of the item under the heading “Latif an ISI man allegations contained in CBI documents government. The second article is in re- businessmen from his extortion threats. networks. It is further stated that con- government might be and Mathur a Latif man? — Five million presented before the courts at the rele- spect of an incident that had taken place sidering that fighting terror has always alleged to lead to Amdavadis can’t be safe under new police vant time. It is stated in the said arti- earlier. It is stated in the said article that been very high on the Chief Minister’s hatred of the gov- chief with dubious links”. The newspa- cle that these allegations were DCP Geetha Johri, an officer junior Moreover, it is really absurd to agenda but his credentials as a leader ernment, and it per also carried news item pointing out never probed by successive re- to Mathur, promptly acted upon a say that articles in question determined to fight terror and make might be suggest- that in response to the news items carried gimes and now that the facts tip-off that Latif and his gang had amount to sedition. If such were Gujarat a safe and secure place do get ed that such com- by Times of India, 98% of the readers did have faded out of collective been spotted at Mahad Ka Mo- dented with a cop of Mathur’s rather ments brought not want Mathur to continue as Commis- memory, the Government of halla. However, while Latif es- the case, then every argument/ dubious credentials occupying such a the government sioner of Police, Ahmedabad. the day does not bother check- caped two of his men were ar- comment against the manner of critical position in the security appara- into hatred or con- On 1st June, 2008, the Ahmedabad edi- ing the dark pasts of officers rested by Geetha and her men functioning of the government tus. In the said edition, the response of tempt. tion of The Times of India carried three before rewarding them with and that by the time Mathur might be alleged to lead to the readers of the Times of India on the In the light of news items regarding the underworld plum postings. dragged his feet to reach Mahad opinions called for in the earlier edition the aforesaid dis- don late Abdul Wahab Latif and his close The second article contained Ka Mohalla, things had quietened hatred of the government, and it have also been published which reveal cuss- associates Sharif Khan and Rauf Valiul- therein relates to jail break down. Geetha was already might be suggested that such that 98% of the readers wanted Mathur lah, Ex-M.P. plans which had been on her way to Sha- comments brought the out. In the aforesaid background, Mathur made at the time hibaug with her It has been stated that the articles in lodged the first information reports with when Mathur was two prize catch- government into hatred or question have been published with the Navrangpura police station. The Times serving as DGP, es. On a plain contempt intention to cause hatred against sen- of India moved applications for quashing CID (Crime) and reading of the ior police officers of the state gov- the FIRs . Jails. In the en- said article it is When Mathur forwarded the case papers ernment established by law and that Sohrabuddin Sheikh A perusal of the tire first infor- amply clear to Geetha, with instructions in writing the same have been published as an news items which mation report, that the same that she should inform him about attempt to cause contempt and ha- ion, this court is of the view that the al- have been pub- there is abso- Rajnish Rai does not im- every move in the case, Geetha tred against the state govern- legations made in the first information lished in various lutely no allega- pute anything found the CD of telephone ment, the same would not fall reports in question do not constitute the editions of The tion made against the State Government to the State so as to fall within the ambit records missing. Without the within the ambit of section offence under sections 124A, 120-B and 34 Times of India and the same only states that jail break of section 124A.
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