Remarks On Arrest Of Former CM Of Jharkhand- Supreme Court Protects News Anchor Sudhir Chaudhary From Coercive Action

The Supreme Court has granted protection from coercive action to news anchor Sudhir Chaudhary concerning an FIR lodged in Ranchi. The FIR stemmed from allegations that Chaudhary made objectionable remarks on air following the arrest of the then Jharkhand Chief Minister, Hemant Soren, by the Enforcement Directorate in January 2024.

Yesterday, the Bench of CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra noted that the Jharkhand High Court, by its interim order, had declined to stay the proceedings in the case; however, it had issued notice in the matter.

Noting that there is an apprehension of arrest, the Bench ordered, "Pending further orders, no coercive steps shall be taken against the petitioner on the basis of FIR No 0007 of 2024 dated 02 February 2024 registered at Scheduled Castes/Scheduled Tribes Police Station, District Ranchi."

The Court also noted that the petitioner, who is a senior Journalist and Consulting Editor with TV Today Network Limited, commented on the arrest of the former Chief Minister of Jharkhand during the course of a current affairs programme on January 31, 2024.

"This has led to the institution of an FIR against the petitioner at the Scheduled Castes/Scheduled Tribes Police Station, District Ranchi, for alleged offences under Sections 3(1)(r), 3(1)(s), and 3(1)(u) of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, along with three other FIRs," it further noted.

During the hearing, Senior Advocate Siddharth Luthra appeared for Chaudhary and contended that, ex facie, the offence would not be made out.

The FIR alleged that Chaudhary, serving as the Consulting Editor of a national TV news channel, had made objectionable remarks targeting the tribal community following Soren's arrest. A tribal group subsequently filed a police complaint under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act against him, alleging his remarks were made during a news show on January 31.

Pertinently, Chaudhary challenged the Jharkhand High Court's order, which issued notices to the authorities but declined to grant him interim protection. The High Court has scheduled the plea for further hearing on April 4.

Cause Title: Sudhir Chaudhary v. State of Jharkhand and Ors. [Special Leave to Appeal (Crl.) No. 3525/2024]

Petitioner: Senior Advocate Siddharth Luthra, Advocate on Record Hrishikesh Baruah, Advocates Kumar Kshitij, Anurag Mishra, Radhika Gupta, Saumitra Srivastava

Click here to read/download the Order