Won't Proceed In FIRs Against 'OpIndia' Reports, West Bengal Govt Tells Supreme Court

The State of West Bengal on Thursday informed the Supreme Court of India that it has no objection to the quashing of the FIRs filed over the reports published in 'OpIndia' portal.

Senior Advocate Siddharth Dave appearing for the State informed a Bench comprising Justice Sanjay Kishan Kaul and Justice MM Sundresh that State has decided to not proceed further in the FIRs. The Bench appreciated the State's decision and expressed hope that other states would follow the same and this would be a new beginning.

"Journalists suffer consequences of what is otherwise in the public domain. Hope others(states) would follow", Justice Kaul remarked orally.

The Bench orally observed that the political parties should show some restrain and the media should also be cautious while reporting the discourse. 

The Bench was hearing a writ petition filed by Nupur J Sharma, Editor of OpIndia, her husband Vaibhav Sharma, founder and CEO of the portal Rahul Roushan and the Editor of the Hindi wing of the platform Ajeet Bharti.

The Bench recorded the State Government's decision and disposed of the petitions by quashing the FIRs.

The petitioners had submitted before the Court that the FIRs amounted to an abuse of law by the police to suppress press freedom and actions were taken for carrying news reports criticizing the West Bengal government.

The Supreme Court had in June last year passed an interim order staying the investigation in three FIRs. In September 2021, the Court stayed the investigation in another FIR registered against them. The FIRs were registered alleging offences under Section 153A (promoting enmity between religious groups), 504 (intentional insult with intent to provoke breach of peace) and 505 (statements conducing to public mischief) of the Indian Penal Code.

The petitioners had argued that though the news reports were contemporaneously carried by other media organizations, OpIndia editors were selectively targeted by the West Bengal police.

The petitioners contended that the police pressurized them to delete the contentious news items. The police action is "arbitrary", "high-handed" and violative of press freedom under Article 19(1)(a) of the Constitution of India, the petitioners stated.

The State was represented through Senior Advocate Siddharth Dave, Advocate Vikas Mehta and Advocate Apoorv Khator. Senior Advocate Mahesh Jethmalani and Advocate Ravi Sharma appeared for the petitioners.

Case Title: Nupur Sharma & Ors vs State of West Bengal & Ors 

Click Here To Read/Download Order