No uniform rule possible on sting operations: Supreme Court

NEW DELHI: The Supreme Court on Thursday said no uniform rule can be laid down on the legality of sting operations as that would leave scope for abuse of the process by unscrupulous people.

The ruling paves the way for the trial of two journalists who had carried out a sting on former Union minister of state for environment and forest Dalip Singh Judeo. Judeo, now dead, was shown in a video clip receiving alleged bribe from two people.

The journalists who carried out the sting operation, Rajat Prasad and Arvind Vijay Mohan, are facing criminal charges. According to the CBI, Amit Jogi, son of then Chhattisgarh chief minister Ajit Jogi, had hatched a conspiracy along with the two to carry out the operation.

The Delhi High Court in 2008 refused to quash the charges against them. The duo, while challenging a trial court’s order to frame charges against them under Section 12 of the Prevention of Corruption Act and Section 120B (criminal conspiracy), claimed that they were prompted by a journalistic desire to expose corruption in public life.

Additional Solicitor General PP Malhotra argued that a criminal act would not stand obliterated by a pious desire of the accused to expose corruption in public life. The top court agreed with this view.

“Whether the operation was really such an exercise and the giving of bribe was a mere sham or pretence or whether the giving of the bribe was with expectation of favours in connection with mining projects, are questions that can only be answered by evidence of parties which is yet to come. Such facts cannot be a matter of an assumption,” it said.

“Why was there a long gap (12 days) between the operation and its circulation to the public is another relevant facet of the case that would require examination,” CJI P Sathasivam said, sitting alongside Justices Ranjan Gogoi and NV Ramana.