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From Court Clash to Quashed Charges: Karnataka HC Shields TV9 in Decriminalization Victory
In a landmark ruling, the , presided over by Hon'ble Mr. Justice M. Nagaprasanna , has quashed criminal proceedings against and two former journalists over a 2012 broadcast during violent clashes at Bengaluru's . The court ruled that the 's decriminalization of applies retrospectively, rendering the case untenable after a staggering 12-year delay.
As echoed in reports like Karnataka High Court Quashes Case Against TV9 Channel Over 2012 Court Violence, Says Decriminalization Of Cable TV Act Is Retrospective , this decision underscores evolving media regulations and procedural safeguards.
Sparks Fly: The 2012 Bengaluru Court Chaos
The saga traces back to , when former Minister Gali Janardhana Reddy was produced before a court amid high media frenzy. Tensions boiled over between advocates, police, and journalists inside the complex, leading to injuries and 191 FIRs across Bengaluru stations. The accused media of provocative reporting, prompting Supreme Court intervention via its order in Civil Appeal No.7159/2013 . It entrusted the probe to the , citing the incident's gravity and stalled local investigations.
TV9's team—Input Chief M.S. Nagesh Gowda and Principal Correspondent H.V. Kiran —faced allegations of airing "fake news" at 3:40 PM claiming a police constable's death, purportedly escalating violence. filed charges in CC No.173/2015 under , , and Cable Act Sections 5/16. A coordinate bench quashed it on (Criminal Petition No.6926/2015) for procedural lapses like missing sanctions under and , reserving liberty for fresh action.
Dormant for Years, Then a Sudden Revival
Post-2019, silence reigned for eight years. Karnataka's government finally authorized on to file under the Cable Act. A complaint followed on , leading to cognizance and summons in CC No.13702/2025 on by the .
TV9 petitioned under to quash, arguing the allegations mirrored the quashed case with no new evidence.
Petitioners' Fiery Defense: Law Changed, Case Stale
Counsel hammered home the Jan Vishwas Act , notified , transforming Section 16 from criminal penalties (up to 2 years imprisonment) to civil measures like fines up to ₹1 lakh or warnings. She stressed no fresh material justified revival, decriminalization predated the complaint, and a 10-year delay showed magistrate — .
's Stand: Crime Locked in 2012, Amendment Irrelevant
Special PP conceded decriminalization but countered that the 2012 offence predated it, so original law applied. He invoked reserved liberty, 's DSPE Act powers, and blamed TV9's broadcast for igniting chaos, urging proceedings continue post-cognizance.
Law's Long Arm Shortened: Retrospective Relief and Delay Doom
Justice Nagaprasanna dissected the timeline, noting the amendment's "fundamental transformation" effaced criminality. Rejecting 's date-of-offence plea, he applied beneficial construction: amendments mitigating penalties get retrospective effect per Supreme Court precedents.
Key precedents shaped the verdict: - : Retroactive beneficial laws mitigate rigour, no bar. - : Reiterates T. Barai for lesser punishment. - and : Inordinate, unexplained delay erodes prosecution, breeds embellishment, warrants quashing as abuse.
The court slammed eight-year post-quashing inertia as "profound inertia," turning reserved liberty into "distortion." No fresh evidence, same verbatim allegations—proceedings lacked "legal vitality."
Bench's Blunt Observations
Direct quotes capture the court's resolve:
"The inevitable consequence of this amendment is that the element of criminality, which once inhered in Section 16, stands completely effaced."
"Therequires that evenof such a type should be applied to mitigate the rigour of the law."
"Such an attempt... is not the exercise of lawful liberty, but its distortion. Liberty granted by a Court of law... is not a license to awaken from slumber."
"in itself may not be a ground for quashing... however unexplainedmust be taken into consideration as a very crucial factor."
Gavel Falls: Proceedings Erased, Media Precautions Ahead
:
"Criminal Petition is allowed. Entire proceedings in C.C.No.13702 of 2025... stands quashed.
This ends the saga, barring civil penalties. It signals prosecutors can't indefinitely revive cases sans new facts, bolsters media against retrospective criminal drags post-decriminalization, and prioritizes procedural diligence. Future probes into old media clips may pivot to civil tracks, easing "fake news" prosecutions under updated regimes.
