Can’t revive the HC’s FIR quashed order against scribes : Apex Court to Uttarakhand govt.
The hon’ble three judge bench of supreme court has on Saturday, unambiguously told the senior advocate Mukul Rohtagi representing Uttarakhand government that the earlier order of the Uttarakhand High Court quashing the FIR against three journalists can’t be revived through its interim order, thus giving, quite a relief to journalists viz Umesh Sharma, Shiv Prasad Semwal including Rajesh against whom FIRs have been registered by Uttarakhand police on alleged charges of sedition, forgery, cheating and criminal conspiracy in different cases.
The Uttarakhand government had requested the supreme court to set aside the High Court order of quashing of FIR against the scribes.
The hon’ble three judge bench was responding to senior advocate Mukul Rohtagi representing the Uttarakhand government requesting to revive the FIRs against journalist Umesh Sharma etc giving the undertaking of not arresting the scribe but to investigate the charges against him etc.
According to Bar & Bench news portal, appearing for the state today senior advocate Mukul Rohtagi argued that the order needed to be stayed in its entirety.
While urging the Apex Court to allow state government to investigate the case including issuing of notice he assured that Umesh Sharma will not be arrested.
However, the court said that it cannot revive the said order unless the order is set aside. The justices added : the case will be heard after four weeks revealed Bench n Bar.
However the two respondents ( journalists) were issued notices to appear before the apex court after four weeks taking the note of the submissions of the state government.
The hon’ble three judge bench of the Supreme court hearing this case filed by Uttarakhand CM, having got stay on 29 th October, comprised of Justices Ashok Bhushan, R. Subhash Reddy and MR Shah.
It may be recalled that on 27 th October, a single bench of hon’ble justice Ravindra Maithani had in his judgement ordered for quashing of FIR against three journalists and also institution of CBI enquiry against Uttarakhand CM on alleged corruption charges levelled by Umesh Sharma, scribe, created quite a sensation in the political corridors of Uttarakhand compelling CM Rawat to approach the apex court requesting for quashing of the HC order which the three judge bench duly accepted by staying the HC order ruling that since the UK CM was not in the picture directly and was also not given any opportunity to present his case, ordering CBI enquiry against him was not a right decision.
Umesh Kumar, journalist, who’d also operated a sting against the former CM Harish Rawat in 2017, has accused the present CM T S Rawat, then, the incharge n Observer of Jharkhand BJP of allegedly assuring one Amratesh Chouhan to get him nominated to the post of GAU SEWA AYOG’s chairman in 2016 and inlieu of this favour allegedly taking a donation in the accounts of his relatives professor retired Harendra Singh Rawat and Savita Rawat n others, vehemently denied by them and subsequent registration of FIR against Umesh Sharma under various acts for allegedly blackmailing and degrading their reputation on fictitious grounds.
According to the senior advocate Kapil Sibal who was representing Umesh Sharma in High Court said that his client has all the evidences of whatsapp chats, account numbers, receipts of the deposited amount etc allegedly given to him by Amratesh Chouhan when he was not made the Gau Sewa Ayog chairman.
There had been spate of demonstrations by Congress party at Dehradun demanding resignation of the CM on moral grounds including courting of arrests by hundreds of Congress workers n leaders led by the former CM Harish Rawat, present Congress state chief Pritam Singh, senior leader Indira Hridayesh, Congress state in-charge Devendra Yadav, n several party lawmakers.
