इलाहाबाद के नवाबगंज थाने के एसओ ने हिंदुस्तान, इलाहाबाद के स्थानीय संपादक हिमांशु घिल्डियाल और दो रिपोर्टरों राधा कृष्ण त्रिपाठी व फरहत खान को लीगल नोटिस भेजा है। यह नोटिस दैनिक हिंदुस्तान के एक अक्टूबर के अंक में पेज नंबर तीन पर ‘अब आप जागिए क्योंकि ये सो रहे हैं’ शीर्षक से प्रकाशित एक खबर और पांच तस्वीरों के संबंध में है। नोटिस में हिंदुस्तान प्रबंधन से मांग की गई है कि वह खबर की साइज में ही खंडन प्रकाशित करें और नोटिस भेजने में आने वाले 5500 रुपये के खर्च का भुगतान करें। एसओ धनंजय वर्मा का कहना है कि यह खबर निजी खुन्नस के कारण प्रकाशित की गई है। एसओ के मुताबिक रिपोर्टर राधा कृष्ण त्रिपाठी के एक रिश्तेदार के संबंध में पंचायत का आयोजन किया गया था। पंचायत, पुलिस और ग्रामीणों की संयुक्त राय के आधार पर रिश्तेदार के खिलाफ फैसला सुनाया गया। इसी से राधा कृष्ण नाराज हो गए। लीगल नोटिस इस प्रकार है-
LEGAL NOTICE
From
Neeraj Tiwari
Advocate, High Court, Allahabad
To
- Sri Himanshu Bhushan Ghildiyal, Local Editor, Daily Newspaper-Hindustan, Allahabad
- Sri Radha Krishna Tripathi, Correspondent, Daily Newspaper-Hindustan, Allahabad
- Sri Farhat khan, Correspondent, Daily Newspaper-Hindustan, Allahabad
Sub : Legal notice on behalf of Sri Dhananjay Verma son Sri Bansh Gopal, Station officer, Police Station Nawabganj, Allahabad.
Under the instruction from and on behalf of my aforesaid client, I serve you the following legal notice, which is as under.
- That a scandalous news item along-with five photographs of police station Nawabganj and its Police chaukies have been published in Daily Newspaper “Hindustan”, Allahabad edition dated 1st October, 2009, at Page-3. One photograph pertains to Police Chauki Mansoorabad, second photograph pertains to Police Chauki Lal Gopalganj, Allahabad, two photographs pertain to police Station Nawabganj and one photograph pertains to Police Booth Lal Gopalganj, Allahabad.
- In first photograph, two persons have been shown as sleeping on the cots And in one photograph also, another person has been shown as sleeping on cots. In third photograph, a man is sitting on chair and some vacant chairs with table are also shown to be present there. 4th photograph, which is the living room of my client, a empty holster is hanging on the peg. In 5th photograph, empty police booth of police station Nawabganj is shown. In the news, it has been stated that these photographs have been taken in between 9-30 p.m to 10-00 p.m. The headlines of the aforesaid news item as published at page no.3 of Hindustan newspaper, dated 1-10-2009 is as under; अब आप जागिए, क्योंकि ये सो रहे हैं
- That the aforesaid news item along-with photograph have been published In daily newspaper “Hindustan” Allahabad edition dated 1-10-2009 without making any verification of the facts and also without having any basis for the same. The sole intention of publication of such news item is to defame the reputation of Police Station Nawabganj, district Allahabad with some ulterior motive.
- That in first photograph, in which, two person have been shown as sleeping on the cots, first one is the photograph of follower (cook) Bachha, who after finishing the work of Mess, he was sleeping in the campus of Police Chauki Mansoorabad and second photograph belongs to one Head Constable Prem Lal Kashyap, who was on duty up to 8.30 PM and being relieved from the duty he was also sleeping on the second cot. Both the persons have full right to sleep, when they are not on duty.
- That in the second photograph, which pertains to Police Chauki Lal Gopal Ganj, Allahabad, and one Constable no. – 892- Ram Yagya has been shown as sleeping on cot. He was also on Nigrani duty from 12-00 noon to 6-00 p.m. on 30-09-2009 and, thereafter he was also off duty and he was absolutely free to do anything either to sleep or to walk.
- In third photograph, where one man is sitting in the chair and some other chairs are lying there with a table, pertains to campus of police station Nawabganj, Allahabad and, in any way, it is not required that each and every time some police men should be present there on his duty point. So far as this photograph is concerned, the man shown in the photograph has come to lodge FIR with regard to mar-peet, which was taken place with his friend and at that time his friend was present in side the police station and the police official was lodging the FIR and also making inspection of the injury.
- That in 4th photograph, which pertains to living room of my client, it is necessary to mention here that he immediately came back from duty and he was going in side the Toilet in order to meet the call of nature and at that moment this photograph was taken by the correspondents of aforesaid newspaper-Hindustan. Whole episode of photography was also endorsed in G.D of P.S Nawabganj at 10 p.m.
- That so far as 5th photograph is concerned, no-one was posted on duty at that time and none of the policeman was requested to be present there.
- That when the correspondent Padha Krishna Tripathi alang-with Farhat khan visited the Police Station Nawabganj and its Chaukies, they also made interview with police officials present at the police station but deliberatlely they have published defarmatory news item in such a manner to show that not a single police man was present either at the police station or Police Chaukies in between 9-30 p.m. to 10-00 p.m
- That the action of the correspondents, named at serial no.2&3, is very irresponsible, malafide as it was their duty to publish any news item or photograph in reputed Newspaper like Hindustan after verifying each and every facts from concerned officials of the police department but they have not performed their duties and published such a news item and also published photographs in order to defame the police. It is professional misconduct on the part of both the correspondent named in this notice.
- That in back drop of the aforesaid news item and photographs being published by the said correspondent, named at serial no. 2&3 is that a written complaint was filed on 17-09-2009 by one Purshottm Nath Tripathi, resident of village Serawa Police Station Nawabganj, Allahabad before the Inspector General of Police, Allahabad Range Allahabad. The aforesaid complaint was filed against on Amar Nath Tiwari and hs son Surya Narain Tiwari, who is also resident of some village and is close relative of Sri Radha Krishna Tripathi, correspondent of Hindustan newspaper.
- That in the complaint, the name of Radha Krishna Tripathi, (wrongly mentioned as Radha kant Tiwari) is also mentioned and there was direct allegations against him that he was unnecessarily harassing the complainant by misusing his position of correspondent of Daily Newspaper Hindustan.
- That the correspondent Radha Krishna Tripathi has pressurized the police officials to resolve the matter in favour of Amar Nath Tiwari and Surya Narain Tiwari and also threatened to publish news item against the police in newspaper Hindustan.
- That under the instruction of I.G. (Police) the matter was inquired and finally the matter was decided in favour of Purshottam Narain Tripathi on 30.09.2009, who was the complaint of that complaint made before IG(Police), Allahabad.
- That when the acted fairly and decided the matter in favour of Purshottam Narain Tiwari, the complainant of the complaint, in the noon of 30th Sep.2009 in the presence of some reputed persons of the said village, on the very same (.e. 30th Sep.2009), Radha Krishan Tripathi and Farahnt khan have visited the different Police Chaukies and Police Station Nawabganj, Allahabad along with a Photographer with malafide intention, have taken photographs and have also published news item in Hindustan.
- That the conduct of both the correspondent (Radha Krishna Thripathi and Faraht Khan) and the management of the Newspaper Hindustan is very irresponsible and also in vilation of conduct of code prescribed by the Press Council of India.
You are therefore, suggested to publish unconditional apology on the very same page 3rd page of Hindustan daily newspaper with the same size of head line immediately after receipt of aforesaid legal notice otherwise my client shall have no option but to file a case of defamation/compensation in the competent court of law apart from filing of complaint before the Press Council of India, for which, you will be liable, in that event, you will also be saddled with expenditure of case also.
Please also pay a sum of Rs. 5500/- (Five thousand five hundred rupees) towards cost of this notice.
(Neeraj Tiwari)
Advocate
High Court, Allahabad, Amarawati Kunj, 1348
Kidwai Nagar, Allahpur, Allahabad.
Date- 1st Oct 2009
