AMISH DEVGAN versus UNION OF INDIA AND OTHERS

AMISH DEVGAN versus UNION OF INDIA AND OTHERS

The Court refused to quash the FIRs at the threshold because determining whether the telecast constituted punishable 'hate speech' under Sections 153A, 295A and 505(2) IPC requires evaluation of content, context, intent and harm/impact which is a matter for police investigation and, if necessary, trial; interim...

Source-derived case information.

Parties
Petitioner: Amish Devgan; Respondent: Union of India and Others
Jurisdiction
India
Judgment Date
07 December 2020
Procedural Posture
Writ Petition (criminal) / Disposed
Outcome
Writ petition disposed of: petition to quash FIRs rejected; interim protection continued; transfer and consolidation of FIRs ordered
Legal Topics
Hate Speech, Freedom of Speech and Expression, Quashing of FIR, Jurisdiction and Cause of Action, Interpretation of Sections 153 a, 295 a and 505(2) IPC, First Information Report, Transfer and Consolidation of Firs, Interim Protection Against Arrest
Constitutional Law Criminal Law Criminal Procedure International Law Media Law Hate Speech Freedom of Speech and Expression Quashing of FIR +5 more

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Summary, issues, holding and outcome

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Parties

Amish Devgan

Petitioner

Union of India and Others

Respondent

Procedural Posture

Writ Petition (criminal) / Disposed

Legal Issues

  1. 1 Whether FIRs arising from a televised debate should be quashed at the threshold
  2. 2 Whether the impugned utterances constitute 'hate speech' under Sections 153A, 295A and 505(2) IPC
  3. 3 Whether multiple FIRs filed in different States on the same telecast are maintainable and whether they should be clubbed/ transferred

Ratio Decidendi

The Court refused to quash the FIRs at the threshold because determining whether the telecast constituted punishable 'hate speech' under Sections 153A, 295A and 505(2) IPC requires evaluation of content, context, intent and harm/impact which is a matter for police investigation and, if necessary, trial; interim protection against arrest was continued conditional on cooperation in investigation; all FIRs arising from the same telecast were transferred to Police Station Dargah, Ajmer, and treated as statements under Section 162 CrPC for consolidated investigation (operative outcome).

Court Disposition

Writ petition disposed of: petition to quash FIRs rejected; interim protection continued; transfer and consolidation of FIRs ordered

Orders

  • Prayers for quashing of FIRs dismissed; investigation to proceed
  • Interim protection from arrest granted to petitioner during investigation provided he cooperates with police