High Court gives bail to PTC MD, says why no other contestant complained

The HC has been hearing the regular bail petition filed by Rabindra Narayan, who has already been arrested in the matter, and the anticipatory bail of four other accused in the case — Nancy Ghuman, Bhupinderjeet Singh, Lakshman Kumar and Niharika Sharma. The accused have been booked by the Mohali Police for alleged wrongful restraint, wrongful confinement, sexual harassment, causing hurt by means of poison, cheating and criminal conspiracy.

While arguing the matter, counsel for Narayan, Senior Advocate RS Cheema and Arshdeep Singh Cheema, stated that the petitioner being MD of PTC Network is in no way responsible for day-to-day functions of each and every programme.

A dedicated team of professionals were in-charge of the show in question. The entire programme was conceived, planned and executed in a professional and transparent manner. Also, the allegations leveled in the FIR — including that of wrongful confinement — are false, as even in the CCTV footage, the complainant is seen talking on cell phone and roaming in the building without any restrictions. The FIR has been registered with an oblique motive to defame 23 contestants and the channel. Senior Advocate Vinod Ghai, with Kanika Ahuja, in their submission satted that their clients — Niharika Sharma and Lakshman Kumar — were working as Assistant Director, and as Assistant Vice President Programming, respectively, with PTC Network. The CCTV footage depicts peaceful environment and the demeanour of the participants, including the complainant, during the relevant period, tending to falsify the version of the prosecution.

For Nancy Ghuman, Senior Advocate RS Rai, with Karan Pathak and Radhika Mehta contended that, Ghuman is neither an employee of PTC Network nor associated with it in any manner and her name has been reflected in the FIR with an ulterior motive. She is not depicted in any photograph or video and even no recovery of incriminating articles have been effected.

Advocate PS Ahluwalia, counsel for Bhupinderjit Singh, argued that he has not been depicted in any CCTV footage and has no concern with show business.

Meanwhile, opposing the bail plea, Advocate General of Punjab, Anmol Rattan Sidhu argued that under the garb of conducting the show, the contestants were physically exploited. The petitioners, along with the co-accused, are indulging in prostitution, sex racket and further dealing in narcotic substance. The report of Forensic Science Laboratory with regard to the CCTV footage is yet to be received. It was also argued that the PTC team is indulging illegal activities and are working on the instructions of Rabindra Narayan.

After hearing the arguments, the Bench of Justice Vivek Puri, held, “Significantly, none of the 23 other contestants have come forth and imputed any allegation against the organizers… Neither any other contestant nor their family members raised grouse or pointed any finger against the petitioners or organizers of the event.” On the specific version in the FIR that the complainant was confined and forcibly locked in a room and was not allowed to go out, Justice Puri said, “The screenshots of CCTV footage indicate that the complainant was never put under any such restraint and was moving freely… The complainant was carrying the mobile phone throughout with her. Even the report of warrant officer does not indicate that the complainant was kept in a room which was either locked or bolted.”

The HC allowed the bail plea of MD of PTC, while adjourning the anticipatory bail pleas of other four accused for July 11. However, the court said that the four can be released on bail to the satisfaction of the arresting officer/investigating officer subject to the condition that they join the investigation.