Case title – Shiv Prasad Semwal Vs State of Uttarakhand and Ors
Case no. – Special Leave Petition (CRL.) No (s). 3687 of 2020
Decision on – March 19th, 2024
Quoram – Justice B R Gavai and Justice Sandeep Mehta
Facts of the case
The case pertains to the offending Facebook news post published by Shiv Prasad Semwal the director of Parvatjan in his e-newspaper referring to the post uploaded by one journalist Mr. Gunanand Jakhmola.
The news article published in the e-newspaper allegedly portrayed the complainant as unlawfully occupying government land. The complainant further claimed that the publication aimed to incite breach of peace and to tarnish his reputation.
The complainant based on the offending news article registered an FIR for offences punishable under Sections 153A, 500, 501, 504 read with Sections 34 and 120B IPC.
The Uttarakhand High Court held that the accused was not liable to face prosecution for news article published as it was entirely based on a Facebook post of the journalist.
Issue – Whether the contents of the news report constitute any cognizable offence that justifies the allegations made in the FIR?
Court’s Analysis and Judgement
The Supreme Court delved into the Section 153A IPC and noted that in order to constitute an offence, the prosecution must establish that the acts so alleged were prejudicial to the maintenance of harmony. It observed that the interpretation of the section in a way sought by the State is far-fetched and unconvincing.
The Court relying on the decision in Manzar Sayeed Khan v. State of Maharashtra and Anr, noted that for applying Section 153A IPC, the presence of two or more groups or communities is essential, whereas the same is absent in the present case.
The Court upon careful perusal of the offending news article stated that it neither targeted any specific group or community, nor promoted enmity or disharmony among different groups. Instead, it focused on the land dispute and the proposed foundation stone laying ceremony. Hence, the Court did not find any grounds to sustain the allegations made in the FIR. The Court, therefore, held that the said article totally lacked the foundational facts essential to constitute the offence under Section 153A of IPC.
The Court examining the Section 309 of IPC noted that the said offence can be invoked only when the insult of a person provokes him to break public peace or to commit any other offence. However, the FIR lacks the necessary ingredients to constitute the said offence as well.
The Supreme Court held that the proceeding against the appellant is nothing but gross abuse of process of law because the allegations as set out in the FIR do not disclose necessary ingredients of any cognizable offence. Therefore, in the light of the above observations it quashed an FIR registered against Shiv Prasad Semwal.
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Judgement Reviewed by – Keerthi K
