Summary
A television anchor sought quashing, or transfer and clubbing, of FIRs filed in several States over a Times Now debate she hosted on 26.05.2022. This Court had already transferred to the IFSO unit of Delhi Police the FIRs concerning the same debate against a co-accused, Nupur Sharma, and the Union and the States did not dispute that. The Court held that there cannot be two investigating agencies for the same FIRs arising from the same incident against different co-accused. On that ground and on parity, all the FIRs and complaints against the petitioner were transferred to the IFSO unit, with two Delhi FIRs as lead cases, and any future FIRs on the same telecast would also stand transferred. No coercive action was to be taken for eight weeks so she could approach the Delhi High Court for quashing, and the Court expressed no view on the merits.
Issues
- Whether FIRs and complaints in several States against a news anchor, arising from a single televised debate, should be transferred to and investigated with those already transferred to the IFSO unit of Delhi Police for a co-accused.
- What interim protection should be given while the petitioner pursued her prayer for quashing.
Provisions considered
- Article 32, Constitution of IndiaExercised to transfer and club the investigations, and to grant interim protection from coercive action, while leaving the prayer for quashing to the High Court. (¶¶ 5, 7, 8)
- Section 482, Code of Criminal Procedure, 1973The petitioner was left free to seek quashing of the FIRs before the Delhi High Court under Article 226 or Section 482, to be decided on the merits. (¶ 8)
Held
- FIRs and complaints concerning the same debate had already been transferred to the IFSO unit of Delhi Police for a co-accused. There cannot be two investigating agencies for the same FIRs arising from one incident against different co-accused, so on that ground and on parity the petitioner's cases had to be transferred too. (¶¶ 3, 4, 5, 6)
- All the listed FIRs and complaints were transferred to the IFSO unit, with two Delhi FIRs as lead cases and liberty to gather information from State agencies. Any future FIR on the same telecast would also stand transferred. (¶ 7)
- The petitioner was protected from coercive action for eight weeks to approach the Delhi High Court for quashing, without any expression of opinion on the merits of the allegations. (¶¶ 7, 8)
Result
Writ petition disposed of. The FIRs and complaints were transferred to and clubbed with the IFSO unit of Delhi Police, together with any future FIRs on the same telecast, and no coercive action was to be taken for eight weeks. The petitioner was left free to seek quashing before the Delhi High Court.