STATE FORCE (POLICE) SHOULD NOT BE USED TO BROWBEAT A POLITICAL OPINION

The Top Court, while appreciating the stance of the West Bengal government in withdrawing cases against editor/reporters of OpIndia, said that the State force (police) should not be used to browbeat a political opinion. They should also not make the journalists suffer for bringing something that is already in the public domain.

A country like India, which takes pride in its diversity, is bound to have different opinions, including political opinions. However, this does not take away the responsibility of the journalists to report the matters.

In June 2020, OpIndia editor Nupur Sharma and journalist Ajeet Bharti at OpIndia moved the Apex Court after the WB Police filed a case against the two u/s 153A, 504, and 505 of the Indian Penal Code. In June 2020, the SC stayed three FIRs. Subsequently, another FIR was registered, which too was stayed by the top Court. 

On Thursday, the WB government told the Supreme Court that it had withdrawn the cases.

The Court observed that OpIndia reproduced what political classes had already stated against each other and were available in the public domain. In view of the same, Bench of Justices Sanjay Kishan Kaul and MM Sundresh proceeded to quash the FIRs against the journalist and editor of OpIndia. 

The Court thanked Senior Advocate Siddharth Dave, appearing for WB state, who played a "constructive role" in ending the dispute without any adverse observations from the Court.

Author: Papiha Ghoshal