Fake News Case : Supreme Court Refuses To Entertain Plea Of OpIndia CEO & Editor Against TN Police FIR; Asks Them To Approach HC

The Supreme Court on Friday refused to entertain a writ petition filed by Nupur Sharma and Rahul Roushan, the editor and founder of online portal "OpIndia", challenging the FIR registered by the Tamil Nadu Police for allegedly spreading fake news about attacks on Biharis in the southern state.

A bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha observed that the petitioners have an alternate remedy of approaching the High Court under Section 482 CrPC and refused to entertain the petition. However, the bench granted the petitioners protection from any coercive action based on the FIR for four weeks, so as to enable them to avail judicial remedies.

When the matter was taken, CJI DY Chandrachud asked Senior Advocate Mahesh Jethmalani, the petitioners' counsel, why the High Court can't be approached. 

"Mr.Jethmalani, how can we quash the FIR under Article 32? You go to the Madras HC", CJI said.

Though Jethmalani sought to persuade the bench by saying that in certain cases FIRs have been quashed under Article 32, the bench said that indulgence will depend on the facts and circumstances of each case. Jethmalani then requested for protection till the petitioners approach the High Court. He highlighted that the first petitioner is a lady and a mother of a six year old child.

The petitioners stated that the portal published the report based on a news article published by another newspaper and when it was found to be false, it was retracted.

Last month, videos of Hindi-speaking migrant workers allegedly being attacked in Tamil Nadu were shared widely on social media. They were eventually debunked as fake by fact-checkers and the state police department, but not before causing widespread panic. In March, on the strength of a complaint by Surya Prakash, a member of the IT wing of the ruling Dravida Munnetra Kazhagam party in Tamil Nadu, the state police registered a case against web portal OpIndia’s chief executive officer and editor for spreading fake news about Bihari migrant labourers being targeted for speaking Hindi.

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