Supreme Court Stays Criminal Proceedings Against India Today Editors Over 2016 Sting Operation On Karnataka Politician

The Supreme Court on Monday (April 1) stayed the criminal proceedings against India Today Editor-Chief Mr Aroon Purie, senior journalist Mr Rajdeep Sardesai and senior editor Mr Shiv Aroor charged with offences under forgery for harming reputation, cheating and promoting enmity between different groups. The plea pertained to a challenge against the Karnataka High Court's order refusing to quash the FIR registered against the senior journalists by MLA Mr BR Patil for conducting an alleged sting operation on him in 2016. 

The bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra issued notice in the matter, directing to serve the standing counsel of the State of Karnataka in respect of the same. The petitioners were represented by Senior Advocate Dr. S Muralidhar. 

The Karnataka High Court bench of Justice R Nataraj on December 18, refused to quash the criminal charges against the senior journalists in a petition filed under S. 482 of the CrPC. The news channel telecasted the sting operation on their "The Rajya Sabha Bazaar" story allegedly portraying Mr BR Patil as a corrupt politician. The FIR registered against the senior journalists were of offences under Sections 417, 420, 468,153A, 120B read with Section 34 of the Indian Penal Code, 1860 and Section 65 of the Information Technology Act, 2000. 

The MLA in his FIR claimed that the false sting operation was done to negatively propagate against in light of the elections to the Rajya Sabha that was scheduled on 11.06.2016. The sting operation depicted the former MLA along with other legislators involved in the 'cash-for-votes scam'. The High Court while perusing the alleged sting video observed that there was no instance where the former MLA discussed anything about casting his vote for monetary consideration. 

"... this Court felt that image of the respondent No.2 was unnecessarily shown along with some members of Legislative Assembly who were allegedly involved in the cash for votes scam, which the petitioners tried to uncover through a sting operation. The entire videograph does not disclose that the respondent No.2 had even whispered that he would cast his vote for cash. On the contrary, the audio track, disclosed that the respondent No.2 was discussing about the on going cricket match in Bengaluru. It is therefore, clear that the image of the respondent No.2 was shown inappropriately in the news article that was published by the petitioners." 

Dismissing the petition, the High Court observed that the issue of whether the accused had any intention to harm the reputation requires ascertainment through investigation and a prima facie case of making false electronic records (doctored graphics of the sting) under S. 469 IPC exists. 

However, since it is alleged that the petitioners have doctored the graphics and have telecasted the same making derogatory remarks against the respondent No.2, an offence of making a false electronic record to harm the reputation of the respondent No.2 cannot be ruled out, which is punishable under Section 469 of IPC. The question whether the petitioners had any intention to harm the reputation of the respondent No.2 or not, and whether the petitioners had any justification for publishing the article against the respondent No.2 or not are all matters that have to be ascertained during the course of investigation. Therefore the petitioners cannot contend at this stage, that no offence is made out against them.  

However, the High Court has relieved Mr Aroon Purie (78 years) of personal presence for investigation considering  age-related factors unless any corroborative material is unearthed from other co-accused relating to the offences committed 

Case Details : AROON PURIE vs. STATE OF KARNATAKA SLP(Crl) No. 003706 - / 2024 

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