Tripura Violence: Apex Court stays all criminal proceedings against two journos of HW News Network, Issues Notice.
(Judicial Quest News Network)
The Apex Court on Wednesday issued notice on a writ petition challenging the FIRs registered by Tripura police over the reports on communal violence in the State.
The Tripura police had booked FIRs against HW News Network and its journalists, Samridhi Sakunia and Swarana Jha for their reports on the recent communal violence in the state [Theo Connect Private LtdV. State of Tripura].
A bench headed by Justice DY Chandrachud also sought the response from the State of Tripura to the plea filed by the two journalist and the media company seeking quashing of first information reports (FIRs)registered against them.
The court has granted four weeks’ time for filing the counter affidavit, with liberty to the petitioners to serve the standing counsel for the State of Tripura.
The Two Journalists were booked under Section 120B (Criminal Conspiracy), 153A (Promoting enmity between religious groups)
And 504 (Intentional insult with intent to provoke breach of peace) of the Indian Penal Code.
They were detained from Assam’s Karimgung before being taken to Tripura’s Udaipur on Transit remand.
Chief Judicial Magistrate court in Gomati district had granted bail to them on November 15.
Senior Advocate Sidharth Luthra, representing the petitioners, contended before the bench that journalists reported on the issue, there was FIR and they were granted bail. However, there was another FIR. “This is really untenable and not justified “he said. The Counsel said the FIRs were an attempt to harass the press.
After a brief hearing the bench said, “We will issue a notice. There shall be a stay of the proceedings pursuant to the two FIRs.”
The criticism of policies and acts of government cannot be regarded as an attempt to promote hatred between different communities. In S. Rangarajan V. P, Jagjivan Ram, (1989) 2 SCC 574 this Hon’ble Court emphasized that the freedom of expression means the right to express opinion by words of mouth, writing, printing picture or any other manner.It would thus include the freedom to crticize the government policies, operations.
It was further submitted that the petitioners are fiking this writ petition for the enforcement of the rights guaranted under Articles 14,19,and 21 of the Constitution of India to quash the FIR No.39 of 2021 registered on 14.11.2021 at the Fatikroy Police Station, Unakoti, Tripura and FIR no 82dated 14.11.2021 lodged at P.S Kakraban Udaypur, Gomati, Tripura and all subsequent and consquential proseedings arising therefrom,including notice issued to above “Samridhi Sakunia & Swarna Jha” herein dated 14.11.2021 section 41(a) of the Code of Criminal
Procedure and othere persons working with the Petitioner issued under Section 160.CrPC.
Senior Advocate Sidharth Luthra, for the petitioners, submmitted,”The Journalists were picked up and then there was the FIR. They have now been granted bail.But another FIR is also registered.The difficulty that is faced is that you report the news, 1 FIR is registered, and then you register a second FIR really to say that we have now established that in the first FIR, the journalists are wrong.This is really untenable and not justified.
The petitioners argue that the FIRs amount to “targetted harassment of press”.
“if the State is allowed to crminize the very act of fact -finding and unbiased reporting then only facts that will come in the public domain are those that are convenientand expression of members of civil society.If the quest for truth and reporting thereof itself is criminalixed then the victim in the process is the idea of justice”. The petitioners submitts. 153A,153B,193,204,120B 504 ipc;
Quashing FIR registered at Tripura under sections 120B,153A,504 of IPC qua petitioners.
The petitioners have sought the following reliefs:
Quashin FIR 82 unde section 153A,153B,193,204,120B 504 IPC.
Alternatively seeking transfer of FIRs to the competent court in Delhi as ther is an apparent risk and threat to life of petitioners in Tripura.
The petitioners have argued that the offence of hate speech alleged against them is “bizarre”as the journalists endeavour was fact finding and ground reporting of the communal riots which took place in Tripura.
The petition has stated that the High Court of Tripura took Suo moto cognizance of violence in the State of Tripura on basis of various press reports in both national and local newspapers on issue of violence which occurred on 26th October in North Tripura District.
The petitioners were analysing the said reports and proceedings and further pursuant to internal briefing by the said Dlhi base repoters, Samridhi Sakunia and Swarna Jha.The reporters then intended to cover the story andreport from the ground to disseminate the correctness of the news reports coming from the state of Tripura.
The petitioners have submitted that their petition is similar to another case alredy pending before the Supreme Court (Mukesh & othersCs State of Tripura filed by Advocate and journalist seeking quashing of FIRs filed against them in Tripura.
Earlier the Apex Court led by CJI had ordered on Novemebr 16, that no coercieve step including arrest should be takenagainst two Lawyers and one journalist,who were booked under the draconian anti-terror law Unlawful Activities Prevention Act (UAPA) by the Tripura police over their social media posts and reports about the recent violence which took place in the state.
