NAVIKA KUMAR versus UNION OF INDIA & OTHERS

NAVIKA KUMAR versus UNION OF INDIA & OTHERS

On the ground of parity with co-accused and to avoid multiple investigating agencies for FIRs/complaints arising out of the same incident (the Newshour Debate telecast on 26.05.2022), all relevant FIRs/complaints against the petitioner are to be transferred to the IFSO unit of Delhi Police, two specified FIRs are to be treated as lead cases and investigated together, the IFSO unit may collect information from State agencies, coercive action against the petitioner is stayed for eight weeks to enable challenge in the appropriate High Court, and the petitioner is at liberty to seek quashing under Article 226 or Section 482 Cr.P.C.

Parties
Petitioner: Navika Kumar; Respondent: Union of India & Others
Jurisdiction
India
Judgment Date
23 September 2022
Procedural Posture
Writ Petition (criminal) Under Article 32 / Disposed by Judgment
Outcome
Writ petition disposed of.
Legal Topics
Transfer of Firs, Quashing of Firs, Stay of Coercive Action, Clubbing of Firs, Investigation by IFSO Unit
Constitutional Law Criminal Law Criminal Procedure Police Investigation Media Law Transfer of Firs Quashing of Firs Stay of Coercive Action +2 more

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Parties

Navika Kumar

Petitioner

Union of India & Others

Respondent

Procedural Posture

Writ Petition (criminal) Under Article 32 / Disposed by Judgment

Legal Issues

  1. 1 Whether FIRs/complaints arising out of the same incident which have co-accused should be investigated by a single investigating agency
  2. 2 Whether the FIRs/complaints against the petitioner should be quashed
  3. 3 Whether coercive action should be restrained to enable challenge before appropriate forum

Ratio Decidendi

On the ground of parity with co-accused and to avoid multiple investigating agencies for FIRs/complaints arising out of the same incident (the Newshour Debate telecast on 26.05.2022), all relevant FIRs/complaints against the petitioner are to be transferred to the IFSO unit of Delhi Police, two specified FIRs are to be treated as lead cases and investigated together, the IFSO unit may collect information from State agencies, coercive action against the petitioner is stayed for eight weeks to enable challenge in the appropriate High Court, and the petitioner is at liberty to seek quashing under Article 226 or Section 482 Cr.P.C.

Court Disposition

Writ petition disposed of.

Orders

  • All FIRs/complaints referred to in the petition are ordered to be transferred to the IFSO unit of Delhi Police.
  • FIR No. 683 dated 28.05.2022 and FIR No. 140 of 2022 dated 08.06.2022 registered by Delhi Police, IFSO Unit, shall be treated as lead cases and investigated together along with the other FIRs/complaints transferred to IFSO unit.