NEW DELHI: In a significant judgement which likely to have far reaching consequences on misuse of law enforcement agencies against the Journalist, a bench of Supreme Court has said that force should not be used to browbeat a political opinion or make journalists suffer the consequences of what is already in public domain.
Hearing the case wherein, the West Bengal government has filed criminal case against the editor and reporters of online web portal OpIndia, the Bench comprising of Justice Sanjay Kishan Kaul and Justice MM Sundresh in its order said “In a country which prides itself on its diversity, there are bound to be different perceptions and opinions which would include political opinions”.
While appreciating the WB government move to withdraw case against journalists of web news portals, the Court said “If at all, the stand is to be appreciated of better late than never and should be a model for others to follow”
OpIndia editor Nupur Sharma, journalist Ajeet Bharti at OpIndia had moved the Supreme Court in June 2020 after the West Bengal Police had registered cases against them for offences under Section 153A (promoting enmity between religious groups), 504 (intentional insult with intent to provoke breach of peace) and 505 (statements conducing to public mischief) of the Indian Penal Code.
The Supreme Court had stayed three FIRs in June 2020. Subsequently, a fourth FIR was also registered which too was stayed by the top court in September 2021.
The plea by Sharma and Bharti said that FIRs were registered in relation to different stories carried by the OpIndia platform, one of which is eight months old. While various other mainstream news outlets also carried articles and news pieces on the concerned subjects, the police registered FIRs only against the petitioners. Thus, the registration of the FIRs was an attempt to intimidate the journalists, the plea said.
“What the petitioners have done is to reproduce what the political class has stated against each other and which is already in public domain, an aspect pointed out eminently by counsel for petitioners,” the order said.
The Court, therefore, proceeded to quash the FIRs in view of the submission by the State that it has decided to withdraw the same.