The Supreme Court in the case observed and has refused to entertain the writ petition filed by editor and founder of online portal ‘Op India’, Nupur Sharma and Rahul Roushan, wherein challenging the FIR which is being registered by the Tamil Nadu Police for allegedly spreading of fake news about the attacks made on Biharis in the southern state.
The bench headed by Chief Justice of India DY Chandrachud and Justice PS Narasimha in the case observed and has stated that the petitioners in the plea have an alternative remedy for approaching the High Court as stated under section 482 of the Code of Criminal Procedure, 1973 and the court has refused to entertain the plea. However, the bench in the case observed and has granted the petitioners protection from any coercive action based on the FIR for four weeks so as to enable them to avail of the judicial remedies.
The counsel, Senior Advocate Mahesh Jethmalani appearing for the petitioner stated when the matter was taken by the bench of CJI DY Chandrachud that why we cannot approach the High Court.
Adding to which the bench of CJI stated that Mr.Jethmalani, how can we quash the FIR as stated under Article 32 of the Constitution of India? You can go to the Madras High Court.
In the present case, the Jethmalani seek to persuade the bench by stating that in certain cases FIRs have been quashed as stated under Article 32 of the Constitution of India.
Further, the bench in the case stated that indulgence will depend upon the facts and circumstances of each case. It has also been requested by Jethmalani for protection till the petitioners in the case approach the High Court. Thus, Jethmalani then highlighted that the first petitioner is a lady and she being a mother of a six-year-old portal child.
It has also been stated by the petitioner in the plea that the published the report which is based on a news article published by another newspaper and when it was found to be false, thus, the samw was retracted.
The court observed that last month, the video of Hindi-speaking migrant workers allegedly being attacked in Tamil Nadu were shared widely on social media. Thus, the migrant workers were eventually being debunked as fake by the fact-checkers and the department of state police, but not before causing of the widespread panic. Therefore, in the month of March, the strength of a complaint by Surya Prakash, who being a member of the IT wing of the ruling Dravida Munnetra Kazhagam party in Tamil Nadu, the case was being registered by the State Police against the web portal OpIndia’s chief executive officer and editor for spreading of fake news about Bihari migrant labourers being targeted for speaking Hindi.