The Allahabad High Court’s Lucknow bench Tuesday stayed proceedings against The Wire’s Founding Editor Siddharth Varadarajan, its cameraman and anchor in a 2021 case of promoting enmity over a news item published on the online news portal.
The bench of Justice Pankaj Bhatia, in its order, stated that on a prima facie perusal of the FIR, it would not attract prosecution under Section 153A of IPC (promoting enmity). The court also said there was no sanction and no material on personal complicity in the FIR.
The bench directed, “… three weeks and no more time is granted to the State to file a counter affidavit… in case [it] is not filed by the next date (March 31), the matter shall be decided without the counter affidavit.”
What the applicants argued
Varadarajan and the others had approached the HC with a plea to quash the cognizance and summoning order issued by the Civil Judge (Junior Division) Court, Barabanki, on February 24, 2023. They also sought that the FIR and chargesheet filed in the case on May 24, 2022, be quashed.
The local court had issued the order on the FIR lodged against the applicants at Ram Sanehi Ghat police station on June 24, 2021, under IPC sections 153 (maliciously provoking someone with the intent or knowledge that it will cause a riot); 153-A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of); 505(1)(b) (making, publishing, or circulating any statement, rumor, or report with the intent to cause or likely to cause public fear or alarm, potentially inducing someone to commit an offense against the State or public tranquility); 120B (criminal conspiracy); and 34 (common intention).
During the previous hearing on July 11, 2023, the applicants’ counsel submitted that they were innocent and had been falsely implicated “due to annoyance”.
Story continues below this ad
The counsel had said the news item published by certain other newspapers was also published by the applicants through their online news portal, ‘The Wire’, and there was no criminal intent to commit an offence as has been alleged in the FIR.
He also had argued that there is no cogent piece of evidence against the applicants to connect them to the case and submitted that the implication is false on the face of it and, therefore, further criminal proceedings may be quashed.
Adding to his argument, the counsel submitted that sanction is essential as far as Section 153-(A) read with CrPC Section 196 is concerned, and it is evident that no prosecution sanction has been taken as per the provisions prescribed.
During Tuesday’s hearing, the counsel submitted that even if the FIR and allegations contained in it are the gospel truth, no offence can be said to be made out under IPC Section 153-A.
Story continues below this ad
The bench of Justice Bhatia stated, “Considering the submissions made at the bar and on perusal of the FIR, prima facie, the FIR would not attract prosecution under Section 153A of IPC; there is no material to deny the submissions that there is no sanction; there is no material even in the said FIR with regard to personal complicity, prosecution for the offence. The summoning order also does not disclose any application of mind based on the analysis of the chargesheet, which was directed by this court in its order dated 09.07.2021 passed in the case.”
Listing the case on March 31, the bench directed that till the next date of listing, further proceedings arising out of the FIR shall remain stayed.
During the previous hearing in July 2023, the HC had directed the State and Principal Secretary (Home) to file the counter affidavit. But the court found it was not filed even after two-and-half years, as submitted by the applicant’s counsel.
When the matter was taken up on Tuesday, the State’s counsel told the bench that proper instructions could not be issued following which the counter affidavit could not be filed, praying for further time.
