BENGALURU: The Karnataka High Court on Friday asked the Bengaluru police not to take precipitative action against Aaj Tak news channel's Consulting Editor Sudhir Chaudhary and others on a First Information Report (FIR) registered against them.
It however said that there was a prima facie case against him, and it should be investigated. The court also said that it would dispose of the petition filed by Chaudhary challenging the FIR and that there was no need for custodial interrogation till then.
Sheshadripuram police on September 12 had registered a complaint against anchor Sudhir Chaudhary, Aaj Tak News Channel, and the TV Today Network Limited for allegedly spreading misinformation with the intention to promote feelings of enmity or hatred between different classes of people.
Following this, a complaint was filed by S Shivakumar, Assistant Administrative Officer, Karnataka Minorities Development Corporation Limited, resulting in an FIR.
It was alleged in the FIR that Chaudhary made a statement on a television programme that the benefit of a 50 per cent subsidy, under the ‘Svalambi Sarathi Scheme’, is being given only to people belonging to minority communities. According to the scheme, beneficiaries who have been sanctioned bank loans for the purchase of autorickshaw/goods vehicles/taxis will be provided a subsidy to the tune of 50 per cent of the value of the vehicle, up to Rs 3 lakh.
In fact, this scheme was envisaged not only under the Minorities Development Corporation but also under various development corporations which were established for the welfare of people belonging to other castes.
Chaudhary, however, claimed that the said scheme is made available only to the minorities and not is extended to the Hindus. The government has done it only to appease minorities, resulting in injustice to the poor Hindus, the anchor claimed.
These statements of the anchor amount to creating hatred between religions and spreading false information, the complainant alleged.
Meanwhile, Chaudhary contended that, on September 11, he presented a news and current affairs programme in Aaj Tak with the title 'Black & White', where he said that the Karnataka government scheme in question is only applicable to non-Hindus.
The journalist had also said that a process of consultation was presently being carried out to bring Scheduled Caste and Scheduled Tribe communities under the scheme, and that thereafter, an advertisement would be issued for the same. Till then, the scheme would only be applicable to minority communities, he alleged.
With this contention, Chaudhary and others have moved the Karnataka High Court with two separate petitions challenging the FIR registered for the offences punishable under Section 153A and 505 of the Indian Penal Code (IPC).
Hearing them, Justice Hemant Chandangoudar orally asked Advocate General Shashikiran Shetty to direct Bengaluru Police not to take precipitative action against them till the next date of hearing on September 20.
Also, the court orally observed that the FIR doesn't require custodial interrogation as everything was in the public domain.
"This matter has to be disposed of. Till Wednesday, don't take precipitative action against the petitioners," the court told Advocate General Shetty asking him to inform the same to the police.
Chaudhary also contended that the FIR does not disclose the basic ingredients punishable under Sections 153A and 505 of IPC.
"No cognisable offence is made out. The registration of the FIR by the state government in response to criticism of its policies amounts to a gross abuse of process and miscarriage of justice, which warrants interference of the court," Chaudhary pleaded.
He also stated that he has the right of the press and media to disseminate information to the public at large.
Any questions raised by the media against the government now lead to registration of a criminal case and the state machinery goes on an overdrive to muzzle the voice of the press, he alleged.