The bench declined to consider the plea for quashing the FIR lodged in Tamil Nadu, saying that the editor and the owner of the portal, OpIndia, can approach the Madras High Court for the relief.
NEW DELHI – The Supreme Court on Friday granted protection from coercive action to the editor and the owner of a Hindutva portal in a case regarding allegations of spreading fake news in connection with the attack on Bihar migrants in Tamil Nadu.
A bench, headed by Chief Justice of India D.Y. Chandrachud, said: “We direct there shall be no coercive action against them for four weeks.”
However, the bench, also comprising Justice P.S. Narasimha, declined to consider the plea for quashing the FIR lodged in Tamil Nadu, saying that the editor and the owner of the portal, OpIndia, can approach the Madras High Court for the relief.
The petitioners contended that the portal published the report based on a article published by a newspaper but when it was found to be false, it was retracted.
During the hearing, the bench told senior advocate Mahesh Jethmalani, representing the petitioners, how can the court quash the FIR under Article 32? It asked Jethmalani to move the Madras High Court.
As Jethmalani submitted that in certain cases FIRs have been quashed under Article 32, the bench responded that it would depend on the facts and circumstances of each case. Jethmalani then urged the court to grant protection from arrest to the petitioners, while they move the high court.
The FIR was lodged in Tamil Nadu regarding allegations that a news portal allegedly ran fake news over Bihar migrant workers being attacked in Tamil Nadu.
Jethmalani represented Nupur J Sharma and Rahul Roushan of the news portal. -IANS
