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stays defamation proceedings against anchor Suresh Chavhanke
The has granted to Suresh Khanderao Chavhanke, the anchor of , by staying all trial court proceedings in a case filed against him. Justice Madhu Jain, presiding over the matter, issued notice to the complainant and directed that the lower court proceedings remain frozen until the next hearing on .
The Defamation Complaint
The case originates from a private complaint filed by Mohd. Tufail Khan, who runs the – an NGO and madrasa that provides shelter, food, and education to around 70 orphans. Khan alleged that Islamic scholar Mufti Wajahat Qasmi made defamatory statements against his organization in August and September 2022, accusing it of anti-national activities, illegal funding, and brainwashing children. These allegations were amplified through social media posts and television interviews, including broadcasts on in April 2023.
Khan also claimed that residents, accompanied by media personnel, entered his home in September 2022, called him a "Bangladeshi," and circulated his phone number, leading to death threats. The complaint named Mufti Wajahat Qasmi, , Suresh Chavhanke, Maya Chavhanke (director of and Suresh's wife), and others as defendants.
On , the , found defamatory material in the allegations and summoned all seven accused under Sections 499 and 500 of the , read with Sections 34 and 120B. When Chavhanke and failed to appear, the trial court issued on . Those warrants were later cancelled on , after they entered appearance.
Anchor's Defense: 'No '
Challenging the
, Suresh Chavhanke filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – the provision equivalent to the earlier Section 482 CrPC – seeking quashing of the proceedings. His counsel,
, advanced a straightforward argument:
"The petitioner is only an anchor of a TV Show and there was no
on the part of the petitioner."
The , represented by , accepted notice without contesting the .
Court's
Justice Jain, after hearing the submissions, ordered notice to be served on the second respondent (Mohd. Tufail Khan) through all permissible modes, including electronic means. The case has been listed for further consideration on
. In the meantime, the court directed:
"Till the next date of hearing, there shall be a
on the Trial Court proceedings."
The order, uploaded to the High Court website on , underscores that the court has not yet finally decided the . However, the interim provides immediate relief for Chavhanke, who argued that his role as a mere anchor could not support the charge of .
Key Observations
In the brief order, the court recorded the petitioner's submission at paragraph 4:
"Learned counsel for the petitioner submits that the petitioner is only an anchor of a TV Show and there was no
on the part of the petitioner."
The
order at paragraph 8 reads:
"Till the next date of hearing, there shall be a
on the Trial Court proceedings."
What Lies Ahead
The next hearing will determine whether Chavhanke's petition for quashing the succeeds. For now, the trial court proceedings – including any further steps like framing of charges – are put on hold. This allows the High Court to examine the merits of the case without the pressure of ongoing trial proceedings. The outcome could have implications for how the criminal liability of media professionals is assessed in defamation cases, particularly when they act as anchors or moderators rather than originators of defamatory content.
