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2020 Supreme(SC) 697

A.M.KHANWILKAR, SANJIV KHANNA
AMISH DEVGAN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant :Sidharth Luthra, Vivek Jain, Mrinal Bharti, Suchitra kumbhat, Samarth Krishna Luthra, Shubhangi Jain, Pallavi Garg, Manish Shekari, Nitin Sharma, Advocates
For the Respondent:Rizwan Merchant, S. Hariharan, Jaikriti S. Jadeja, Sachin Patil, Rahul Chitnis, Geo Joseph, Dr. Manish Singhvi, D. K. Devesh, Apurv Singhvi, Piyush Upadhyay, S. Udaya Kumar Sagar, Swati Bhardwaj, Vinod Diwakar, AAG Sarvesh Singh Baghel, B.N. Dubey, Ajay Kumar Prajapati, Shivranjani Ralawata, Christi Jain, Umang Shankar, Rizwan Merchant, Mrs. Priya Puri, Shubail Farook, Faisal Farook, Kshitij Kumar, Fuzail Ahmad Ayyubi, Ibad Mushtaq, Akanksha Rai, Rameshwar Prasad Goyal, Ejaaz N. Shaikh, Vatsalya Vigya, Shakil Ahmed Syed, Advocates

Judgement Key Points

How to determine jurisdiction for offences committed via broadcast television across multiple states under Section 179 of the Criminal Procedure Code? What is the legal standard for distinguishing between protected freedom of speech and criminal hate speech under Sections 153A, 295A, and 505(2) of the Indian Penal Code? What is the procedural requirement for handling multiple FIRs registered against the same accused arising from a single incident under the Criminal Procedure Code?

Key Points: - The Supreme Court held that jurisdiction under Section 179 of the CrPC extends to any place where the act was done or its consequences ensued, meaning a broadcast offence can be tried in any state where the audience was located. (!) (!) (!) - The Court clarified that criminal provisions like Sections 153A, 295A, and 505(2) require a deliberate and malicious intent to promote enmity or outrage religious feelings, and mere offensive speech or discussion does not constitute an offence without a proximate nexus to public disorder. (!) (!) (!) - The Court directed that subsequent FIRs registered for the same incident must be treated as statements under Section 162 of the CrPC and transferred to the location of the first FIR, unless there is a counter-case or specific good reason. (!) (!) (!) - The Court declined to quash the FIRs at the initial stage as the facts regarding intent and harm are disputed and require full investigation, but granted interim protection against arrest. (!) (!) (!) - The Court emphasized that the "reasonable man" test (Clapham omnibus) must be applied to evaluate the content, context, and intent of the speech, considering the speaker's influence. (!) (!) (!) - The judgment affirmed that the exercise of inherent power to quash proceedings under Article 32 or Section 482 CrPC is exceptional and should not bypass the regular investigative machinery unless there is an abuse of process. (!) (!) - The Court interpreted "public order" and "public tranquillity" in the context of hate speech to mean a breach of peace endangering the security of the State or society, not minor local disturbances. (!) (!) - The Court noted that the defence of "trifle" under Section 95 of the IPC cannot be accepted at the pre-investigation stage when facts and evidence are disputed. (!) - The Court ordered the transfer of all pending FIRs related to the telecast to the police station in Ajmer, Rajasthan, where the first FIR was registered. (!) - The Court directed the relevant States to examine the threat perception for the petitioner and his family and take necessary security steps. (!)

How to determine jurisdiction for offences committed via broadcast television across multiple states under Section 179 of the Criminal Procedure Code?

What is the legal standard for distinguishing between protected freedom of speech and criminal hate speech under Sections 153A, 295A, and 505(2) of the Indian Penal Code?

What is the procedural requirement for handling multiple FIRs registered against the same accused arising from a single incident under the Criminal Procedure Code?


JUDGMENT

Sanjiv Khanna, J.

Applications for intervention are allowed.

2. The writ petitioner, Amish Devgan, is a journalist who, it is stated, is presently the managing director of several news channels owned and operated by TV18 Broadcast Limited, including News18 Uttar Pradesh/Uttarakhand, News18 Madhya Pradesh/ Chhattisgarh and News18 Rajasthan.

3. The petitioner hosts and anchors debate shows 'Aar Paar' on News18 India and 'Takkar' on CNBC Awaaz. On 15th June, 2020, at around 7:30 p.m., the petitioner had hosted and anchored a debate on the enactment[1][The Places of Worship (Special Provisions) Act, 1991] which, while excluding Ayodhya, prohibits conversion and provides for maintenance of the religious character of places of worship as it existed on 15th August, 1947. Some Hindu priest organisations had challenged vires of this Act before the Supreme Court, and reportedly a Muslim organization had filed a petition opposing the challenge.

4. Post the telecast as many as seven First Information Reports (FIRs) concerning the episode were filed and registered against the petitioner


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