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2021 Supreme(SC) 1159

D. Y. CHANDRACHUD, L. NAGESWARA RAO, S. RAVINDRA BHAT
Aamoda Broadcasting Company Private Limited – Appellant
Versus
State Of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Sidharth Luthra, Sr. Adv., Ms. Prerna Singh, Adv., Mr. Guntur Pramod Kumar, AOR, Mr. Anmol Kheta, Adv., Mr. Shezaan Hashmi, Adv., Mr. Shyam Divan, Sr. Adv., Mr. P.B Suresh, Mr. Vipin Nair, AOR, Mr. Karthik Jayashankar, Mr. Sudipto Sircar, Mr. Agnish Aditya, Mr. Arindam Ghosh, Mr. Kutur Parikshit, Mr. Anshumaan Bahadur, Adv.

ORDER :

1. The writ petitions have been instituted under Article 32 of the Constitution by two Telugu news channels, namely, (i) TV5; and (ii) ABN. They are aggrieved by a First Information Report, being FIR No 12 of 2021, registered on 14 May 2021 under the provisions of Sections 124, 153A, 505 read with Section 120B of the Indian Penal Code 1860. The FIR indicates that it is a “suo motu case” based on an enquiry report of the DIG, CID, AP, Mangalagiri, Guntur District dated 13 May 2021. The gravamen of the allegation against the news channels arises from certain programmes which have been broadcast by them. During the programmes, Mr Raghurama Krishnam Raju, Member of Parliament is alleged to have expressed views critical of the State Government and the Chief Minister. Besides Mr Raju, who has been named as the first accused, TV5 and ABN have been named as the second and third accused.

2. Mr Shyam Divan and Mr Sidharth Luthra, learned Senior Counsel appearing on behalf of the petitioners, have submitted that the FIR constitutes an attempt to muzzle the electronic media and is an assault on the freedom of speech and expression under Article 19(1)(a) of the Constitution. It has been s

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