Bars coercive action against 2 news channels booked by Andhra
Observing that it was time to define limits of sedition, the Supreme Court on Monday said it will examine the interpretation of sedition law, particularly in the light of media rights and free speech, as it gave protection to Telugu news channels — TV5 and ABN Andhrajyothi — from any coercive action in a case lodged against them under the colonial era provision. The court also said criticism of the Government may not qualify as a case of sedition.
The two channels were booked by Andhra Pradesh police for alleged sedition in showing “offensive” speeches of YSR Congress rebel MP K Raghu Rama Krishna Raju.
A bench of Justices DY Chandrachud, LN Rao and S Ravindra Bhat said, “We are of the view that provisions of 124A (sedition) and 153 (promoting enmity between classes) of the IPC require interpretation, particularly on the issue of the rights of press and free speech”.
“It is time we define the limits of sedition”, Justice Chandrachud said.
The same Bench while considering the Covid-related matters took a dig on authorities for taking strong note of critical media reportage on Covid-19 related issues quipping whether a sedition case has been lodged against a news channel for showing a body being thrown into a river.
“We saw a picture of a body being thrown in river. I do not know whether a sedition case has been filed against the news channel for showing that,” quipped Justice DY Chandrachud when the issue of dignified handling of bodies of victims of the deadly virus was raised before a bench headed by him.
The court made the remarks when senior advocate and amicus curiae Meenakshi Arora raised the issue of dignified handling of bodies of victims of the deadly virus. “While crematoriums and burials are State subjects, we have seen that there is no dignity in death. It is unfortunate that we have large number of crematoriums which are not functioning,” said Arora.
In the petitions filed by media houses from Andhra Pradesh, the apex court restrained the Andhra Pradesh police from taking any coercive action against the channels and their employees or staffers in connection with the FIR. The bench also sought the response of the State Government within four weeks on the pleas of the channels which are charged for various offences including the harsh penal offence of sedition.
Both the media houses have recently moved the top court seeking quashing of an FIR registered against it in a sedition case in Andhra Pradesh, with one house claiming the attempt is to “create a chilling effect” for news channels in the State so that they are wary of hosting any content which is critical of the Government. The channels have claimed that the FIR has been lodged against it for airing programmes involving rebel MP Raju who has been critical of the State Government led by his own party.
On May 21, in a relief to the MP, the court granted him bail in a sedition case registered in Andhra Pradesh saying that considering the medical report received from Army hospital, the possibility of his “ill-treatment” in custody cannot be ruled out. The FIR has been lodged for the alleged offences under sections 124A (sedition), 153A (promoting enmity between different groups), 505 (statements conducing public mischief) read with 120B (conspiracy) of Indian Penal Code. The State CID had also alleged that the MP particularly targeted two communities and tried to stoke hatred against them by trying to portray that the Government has been favouring the two.