Kerala HC Asks Investigating Agency To Inform Centre About Foreign Agency's 'Suspicious' Survey Allegedly Hurting Feelings Of Muslim Community

The Internal Security Investigation Team (ISIT) after investigation alleged that the foreign agency, Princeton Survey Research Associates (PSRA) had conducted the survey with the intention to spoil the existing communal harmony and create emotional conflict among the Muslim Community. The court was hearing a plea moved by an Indian company–which had entered into a contract with PSRA to conduct the survey–seeking quashing of a criminal case registered against them for allegedly carrying out malicious acts to outrage religious feelings.

The court further underscored that if these "types of surveys" are allowed to continue, it will affect the security and religious harmony of the country.

Single Judge Justicce P. V. Kunhikrishnan in its order said, "It is surprising to see that a foreign company is conducting a survey in our country with a bunch of suspicious questions. I am of the considered opinion that the survey itself is suspicious. Our country is a Sovereign Socialist Secular Democratic Republic. There is no difference between man and women in our country. There is no serious difference of opinion between Hindus, Muslims, Christian, Sikhs etc in our country. Citizens in our country are known as brothers and sisters. If an organization in a foreign country wants to conduct a survey in our land, permission from the Central Government is necessary. Admittedly, there is no sanction from the Central Government for conducting such a survey".

The court noted that in connection with the survey a law-and-order situation took place at Friends Nagar, Attakulangara in 2010. When the police reached at the site of the issue in Attakulangara, they found the questionnaire booklet and thought that some of the questions may hurt the religious sentiments and faith of Muslim community. Subsequently in 2011, the investigation was handed over to ISIT.

As per the facts, PSRA had entered into an agreement with Taylor Nelson Sofres (TNS), an Indian company to conduct a survey among the population in India. The questionnaires were provided by PSRA itself. PSRA said that this is part of a project named 'Green Wave 12' and the research was conducted in more than 20 countries.

ISIT alleged that TNS purposely and knowingly entered into the agreement with PSRA. According to the investigating agency, they selected "highly sensitive and vulnerable areas" in India to interview the people belonging to a "particular religious background". As per the investigating authority, the questions were "clear citations injuring" the emotional feelings of Muslim community.

TNS and a former employee of TNS approached the Court to quash the case against them. The petitioners were booked under Section 295A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of IPC. The petitioners argued that even if the entire allegations are accepted, it does not constitute an offence.

The Public prosecutor submitted that though only certain questions is mentioned in the charge sheet, perusal of the entire questionnaire can create suspicion about the intention of the survey.

The questions in the survey included questions about the public's opinion on why figures like 'Usama bin Ladin' has support or if a woman they were was wearing hijab. There were also other questions like if suicide bombing is justified.

The Court meanwhile in its order said that the investigation by the State Police is not enough in this case. It added:

"If these types of surveys are allowed to continue, the same will affect the security of our country and importantly religious harmony. The Central Government should take it very seriously, and if there is any intention to topple the integrity of our country by conducting such surveys, appropriate steps should be taken in accordance with the law. The Registry should forward a copy of this order to the Secretary, Ministry of Home Affairs, Government of India and the Secretary, Ministry of External Affairs, Government of India".

On the petitioner's contention that Section 295A IPC is not applicable the high court said that it need not consider this question at this stage because the matter is to be looked into by the Central Government.

It thereafter said, "The investigating authority in this case should forward a report to the Central Government about the investigation so far conducted forthwith...The Investigating Officer...shall forward a report about the investigation so far conducted in this case to the Secretary, Ministry of Home Affairs, Government of India, and the Secretary, Ministry of External Affairs, Government of India, within one month from the date of receipt of a copy of this order. The Ministry of Home Affairs and the Ministry of External Affairs will do the needful in accordance with law and order further enquiry/investigation, if necessary, in accordance with law".

Accordingly, the petition was dismissed.

Counsel for the Petitioners: Advocates Enoch David Simon Joel, George A. Cherian, Leo Lukose, Paul Jacob P., Rony Jose, S. Sreedev

Case No: Crl.M.C. 4028 of 2017

Case Title: TNS India Pvt. Ltd. and Another v State of Kerala

Citation: 2024 LiveLaw (Ker) 728

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