Navika Kumar vs Union Of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL) NO. 286 OF 2022

Navika Kumar …Petitioner

Versus

Union of India and Others …Respondents

JUDGMENT

M.R. SHAH, J.

1. By way of this petition filed under Article 32 of the Constitution of

India, the petitioner has prayed for the following substantive reliefs,

(a) Issue an appropriate writ, order or direction in the nature of certiorari quashing the Impugned FIRs/Complaints described in paragraph 17 of the present Petition or any other FIR/Criminal Complaint filed or inquiry or investigation instituted or to be instituted in the future in relation to the Petitioner arising out of the same incident/occurrence, i.e., the Newshour Debate Signature Not Verified Digitally signed by

telecasted on Times Now on 26.05.2022;

SNEHA Date: 2022.09.23 16:25:59 IST Reason: 1

(b) Alternatively, issue an appropriate writ, order or direction in the nature of transfer and club all FIRs including the Impugned FIRs/Criminal Complaints described in paragraph 17, and any other FIR/Criminal Complaint filed or inquiry or investigation instituted or to be instituted in the future in relation to the Petitioner arising out of same incident/ occurrence, i.e., the Newshour Debate telecasted on Times Now on 26.05.2022 with FIR No. 130 of 2022 registered by the Special Cell, Delhi Police i.e. the first reported FIR in relation to the said incident/occurrence;

(c) Issue an appropriate writ, order or direction in the nature of mandamus restraining Respondents and/or any other authority to take any coercive steps pursuant to the Impugned FIRs/Criminal Complaints described in paragraph 17 of the present Petition or any other FIR/Criminal Complaint filed or inquiry or investigation instituted or to be instituted in the future in relation to the Petitioner arising out of same incident/ occurrence, i.e., the Newshour Debate telecasted on Times Now on 26.05.2022;

(d) Issue a writ of mandamus or any other writ of appropriate nature to the effect that no cognizance of any complaint would be taken by any court nor any FIR registered by the police in relation to or arising out of the same incident/ occurrence i.e., the Newshour Debate Telecasted on Times Now on 26.05.2022.

(e) Allow the Petitioner to amend the present Writ Petition in the event that any other FIR is registered on the same cause of action in future

with respect to the various FIRs/criminal complaints filed against the

petitioner in different police stations in different States in relation to the

incident/occurrence – Newshour Debate telecasted on Times Now on

26.05.2002.

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2. The particulars of different FIRs/criminal complaints filed against

the petitioner, of which the reliefs are sought in the present petition, are

as under:

S. FIR NO. / OFFENCE(S) POLICE STATE NO. DATE STATION 1. FIR No: 220 Sections 153-A, Police Station West Bengal of 2022 295-A, 298 and 34 Narkeldanga, of the Indian Penal Kolkata, West Date: Code, 1860 Bengal 04.06.2022 2. FIR No: 125 Sections 153-A, Amherst, Police West Bengal of 2022 295-A, 298 and 34 Station, of the Indian Penal Kolkata, West Date: Code, 1860 Bengal 07.06.2022 3. FIR No: 0367 Section 153-A and Yavatmal Maharashtra of 2022 Section 295-A of Urban, Police the Indian Penal Station, District Date: Code, 1860 Yavatmal, 11.06.2022 Maharashtra 4. Case No. Sections 120-B, Court of City Jammu and 25788251 of 153A, 153B, 295A, Judge/ JMIC, Kashmir 2022 298 and 505(2) of Srinagar the Indian Penal Case Code, 1860 instituted on: 11.06.2022 5. FIR No. 165 Section 153-A, 504, Police Station West Bengal of 2022 505(2), 506, 295-A Jorasanko, and 34 of the Indian Kolkata, West Date: Penal Code, 1860 Bengal 12.06.2022 6. FIR No. 197 Sections 153-A, Entally Police West Bengal of 2022 295-A, 298 and 34 Station, of the Indian Penal Kolkata, West Date: Code, 1860 Bengal 14.06.2022

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2.1 It is also submitted that apart from the aforesaid FIRs/complaints,

two more FIRs have been filed against the petitioner, details of which are

given below, which are not the part of the present writ petition:

S. FIR NO. / OFFENCE(S) POLICE STATE NO. DATE STATION 1. FIR No: 96 of Sections 120-B, Wagtunge, West Bengal 2022 153-A, 295-A, 298 Police Station, of the Indian Penal Kolkata, West Date: Code, 1860 Bengal 23.06.2022 2. FIR No: Not Sections 295-A of Nanlpeth, Maharashtra yet Available the Indian Penal Police Station, Code, 1860 Parbhani, Date: Not yet Maharashtra Available

3. It is the case on behalf of the petitioner, who at the relevant time

was the anchor who conducted the Newshour Debate telecasted on

Times Now on 26.05.2022, that with respect to the aforesaid

FIRs/criminal complaints in case of another co-accused – Nupur

Sharma, this Court vide order dated 10.08.2022 in Miscellaneous

Application No. 1238/2022 in Writ Petition (Criminal) No. 239/2022 has

transferred the respective FIRs/complaints to IFSO Unit of Delhi Police

for the purpose of investigation. Therefore, it is the case on behalf of the

petitioner that similar order may be passed in case of the petitioner also

who is the co-accused in the transferred FIRs/complaints as there

cannot be two investigating agencies with respect to same

4 FIRs/complaints.

4. Shri Tushar Mehta, learned Solicitor General of India appearing for

the Union of India and also appearing on behalf of the Government of

NCT of Delhi, State of Maharashtra, and Union Territory of Jammu &

Kashmir and Shri Ravinder Singh, learned counsel appearing on behalf

of the State of West Bengal are not in a position to dispute the above

fact that the same FIRs/complaints in which the petitioner is also a co-

accused are transferred to IFSO Unit of Delhi Police.

5. We have heard learned counsel for the respective parties and

considered the order passed by this Court dated 10.08.2022 in

Miscellaneous Application No. 1238/2022 in Writ Petition (Criminal) No.

239/2022 by which with respect to the aforesaid FIRs/complaints except

two FIRs arising out of the same incident/occurrence, namely, Newshour

Debate telecasted on times Now on 26.05.2022, the investigation/s

is/are transferred to IFSO unit of Delhi Police. The FIRs/complaints

which are transferred to IFSO unit of Delhi Police, in which the petitioner

is also a co-accused, there cannot be two investigating agencies with

respect to the same FIRs/complaints arising out of the same

incident/occurrence with respect to different co-accused. On the

aforesaid ground as well as on the ground of parity, the FIRs/complaints,

5 referred to hereinabove, are also required to be transferred to IFSO unit

of Delhi Police so far as the petitioner is concerned being co-accused.

6. At this stage, it is required to be noted that by the aforesaid order

dated 10.08.2022 in the case of accused Nupur Sharma, this Court has

also passed an order that investigation of any subsequent

FIRs/complaints which are registered in future in respect of the same

incident/occurrence, namely, Newshour Debate telecasted on Times

Now on 26.05.2022 shall also stand transferred to IFSO unit of Delhi

Police.

7. Taking into consideration the order passed by this Court dated

10.08.2022 in the case of accused Nupur Sharma passed in

Miscellaneous Application No. 1238/2022 in Writ Petition (Criminal) No.

239/2022, we dispose of the present writ petition with the following

directions:

i) all FIRs/complaints, referred to hereinabove in paragraph 2 and 2.1 are ordered to be transferred to the IFSO unit of Delhi Police;

ii) first FIR No. 683 dated 28.05.2022 along with FIR No. 140 of 2022 dated 08.06.2022 registered by Delhi Police, IFSO Unit are to be treated as lead cases and investigated together along with the other FIRs/complaints, referred to hereinabove, in which

6 the petitioner is the co-accused, which are already ordered to be transferred to IFSO unit of Delhi Police;

iii) IFSO unit of Delhi Police shall be at liberty to collect and gather any information from the concerned State agencies, if so required, for the purpose of conducting a thorough investigation and taking it to its logical conclusion;

iv) no coercive action shall be taken against the petitioner pursuant to the aforesaid FIRs/complaints and for the FIRs/complaints which may be entertained in future pertaining to the telecast dated 26.05.2022 on Times Now, for a period of eight weeks from today so as to enable the petitioner to approach the concerned Court/Delhi High Court for appropriate relief; and

v) the investigation of any subsequent FIRs/complaints which are registered in future in respect of the same Newshour Debate telecasted on Times Now on 26.05.2022 shall also stand transferred to IFSO unit of Delhi police.

8. As far as the primary prayer in terms of prayer (a) in the writ

petition is concerned, the petitioner shall be at liberty to pursue such

prayer by approaching the High Court of Delhi under Article 226 of the

Constitution of India or Section 482 of the Criminal Procedure Code. As

and when such proceedings are instituted by the petitioner, the same

shall be considered in accordance with law and on their own merits. We

7 clarify and make it clear that we have not expressed any opinion on the

merits of the allegations contained in the various FIRs/complaints.

9. The present petition stands disposed of in terms of the above.

…………………………….J. [M.R. SHAH]

NEW DELHI; …………………………….J. SEPTEMBER 23, 2022 [KRISHNA MURARI]

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