No Coercive Action Against OpIndia Editor Nupur Sharma And CEO Rahul Roushan In Tamil Nadu FIR For 4 Weeks: SC Asks Them To Approach Madras HC

While dealing with a petition preferred by Nupur J Sharma, Editor, and Rahul Roushan, CEO of English news portal Opindia.com for quashing an FIR against them in Tamil Nadu, the Supreme Court has granted them protection against coercive action for a period of four weeks to enable them to approach the Madras High Court.

A Bench of CJI D.Y. Chandrachud and Justice P.S. Narasimha heard the matter.

At the outset, CJI asked Senior Advocate Mahesh Jethmalani who appeared on behalf of the petitioners, "How can we quash an FIR under 32? You go to Madras High Court".

"There are decisions where FIRs have previously been quashed under 32", submitted Jethmalani. "It all depends on the facts and facts of the cases. Go to High Court under Section 482", said the CJI.

The Court further noted that "the petitioner has sought quashing of FIR registered against the petitioner, the offences are Sections 153-A, 501, 505 of the IPC".

Jethmalani, requesting the Court for liberty for the petitioners to appear online for questioning, if at all they are called upon do so, informed the Court that the second petitioner (the CEO of OpIndia) has COVID while the first petitioner (Editor) is a woman with a 6-year-old daughter.

Considering the alternate remedies available to the petitioners, the Court disposed of the matter asking the petitioners to approach the appropriate High Court while directing that no coercive steps be taken for a period of 4 weeks.

In the petition filed by Advocate on Record Ravi Sharma, it was contended that “the patently malafide actions of Respondent No. 1 State, which in its attempt to scuttle and gag media reports causing inconvenience to its political executives, is using FIR and brute police powers to intimidate all those concerned with such publication”.

The matter pertains to the public controversy which ensued pursuant publication of an exclusive report by Dainik Bhaskar detailing on the alleged violence against Migrant workers from Bihar in the State of Tamil Nadu.

The petition says, “…the patently extortionist and malafide actions of the Government of Tamil Nadu which in its attempt to gag and scuttle publications reporting the instances of violence against Migrant Bihari labourers in the state, has conveniently resorted to the use of brute police force and has registered several FIRs against various individuals and media Houses, including the Petitioners (Nupur J Sharma) herein".

The petition further states, “that Petitioners are before this Hon’ble Court to protect their liberty and freedom of speech without fear of retributive initiation of state power. The wanton abuse of Penal provision against an act of bonafide and fair publication of a news pertaining to a public controversy, is in teeth of Freedom of Speech guaranteed under Article 19(1)(a), more so when the bare perusal of the publication in question makes it amply clear that none of ingredients of the offences alleged are made out”.

Cause Title: Nupur J Sharma & Anr. v. State of Tamil Nadu & Anr.