Case Note & Summary
The applicants, who were employees of Lokmat Media Private Limited, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of private complaint RCC No. 209 of 2016 filed by respondent No. 2, Amjad Khan Rahim Khan Pathan. The complaint alleged that the applicants had committed offences under Sections 295-A and 153-A read with Section 34 of the Indian Penal Code, 1860, by publishing an article in the supplement 'Manthan' of the newspaper 'Dainik Lokmat' dated 29-11-2015. The article discussed the rise in terrorist activities of the Islamic State of Iraq and Syria (ISIS) and its financial sources. The applicants argued that the article was a genuine news report on a matter of public interest and did not contain any deliberate or malicious intention to insult religious feelings or promote enmity between groups. The respondent-complainant contended that the article hurt the religious sentiments of the Muslim community and promoted disharmony. The court analyzed the contents of the article and found that it merely reported on the activities and funding of ISIS, a terrorist organization, and did not contain any insult to religion or religious beliefs. The court held that the essential ingredients of Sections 295-A and 153-A IPC were not made out, as there was no deliberate and malicious intention to outrage religious feelings or promote enmity. The court also emphasized the importance of freedom of the press and the right to publish news on matters of public interest. Consequently, the court allowed the application and quashed the criminal proceedings against the applicants.
Headnote
A) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - Quashing of Criminal Proceedings - The High Court can exercise inherent powers to quash proceedings to prevent abuse of process of court or to secure ends of justice - Held that where the allegations in the complaint do not prima facie constitute the alleged offences, the proceedings are liable to be quashed (Paras 2, 10-12). B) Indian Penal Code - Offences Against Religion - Section 295-A IPC - Deliberate and Malicious Acts Intended to Outrage Religious Feelings - The section requires deliberate and malicious intention to outrage religious feelings of any class - Held that the article about ISIS activities and funding was a news report on a matter of public interest and did not contain any insult to religion or religious beliefs (Paras 5-9). C) Indian Penal Code - Offences Against Public Tranquility - Section 153-A IPC - Promoting Enmity Between Different Groups - The section requires promotion of disharmony or feelings of enmity between different religious, racial, or other groups - Held that the article did not promote enmity or hatred against any community but merely reported on terrorist activities (Paras 5-9). D) Constitution of India - Freedom of Speech and Expression - Article 19(1)(a) - Press Freedom - The press has the right to publish news on matters of public interest, including reporting on terrorist organizations - Held that the publication was a fair comment and did not exceed the limits of freedom of press (Paras 8-9).
Issue of Consideration
Whether the publication of an article about the rise of ISIS and its financial sources attracts the offences under Sections 295-A and 153-A IPC, and whether the criminal proceedings against the applicants should be quashed under Section 482 CrPC.
Final Decision
The court allowed the criminal application and quashed the proceedings of RCC No. 209 of 2016 (old Misc. Criminal Application No. 631 of 2015) pending before the trial court. Rule made absolute.
Law Points
- Section 482 CrPC inherent powers
- Section 295-A IPC deliberate and malicious intent
- Section 153-A IPC promotion of enmity
- freedom of press
- fair comment on matters of public interest
