Navika Kumar Versus Union of India and Others

Navika Kumar Versus Union of India and Others Case

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

 REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

 WRIT PETITION (CRIMINAL) NO. 286 OF 2022

Navika Kumar …Petitioner

Versus

Union of India and Others …Respondents

J U D G M E N T

M.R. SHAH, J.

1. By way of this petition filed under Article 32 of the Constitution of

India, the petitioner has prayed for the following substantive reliefs,

(a) Issue an appropriate writ, order or direction in the nature of

certiorari quashing the Impugned FIRs/Complaints described in

paragraph 17 of the present Petition or any other FIR/Criminal

Complaint filed or inquiry or investigation instituted or to be

instituted in the future in relation to the Petitioner arising out of

the same incident/occurrence, i.e., the Newshour Debate

telecasted on Times Now on 26.05.2022;

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(b) Alternatively, issue an appropriate writ, order or direction in

the nature of transfer and club all FIRs including the Impugned

FIRs/Criminal Complaints described in paragraph 17, and any

other FIR/Criminal Complaint filed or inquiry or investigation

instituted or to be instituted in the future in relation to the

Petitioner arising out of same incident/ occurrence, i.e., the

Newshour Debate telecasted on Times Now on 26.05.2022 with

FIR No. 130 of 2022 registered by the Special Cell, Delhi Police

i.e. the first reported FIR in relation to the said

incident/occurrence;

(c) Issue an appropriate writ, order or direction in the nature of

mandamus restraining Respondents and/or any other authority

to take any coercive steps pursuant to the Impugned

FIRs/Criminal Complaints described in paragraph 17 of the

present Petition or any other FIR/Criminal Complaint filed or

inquiry or investigation instituted or to be instituted in the future

in relation to the Petitioner arising out of same incident/

occurrence, i.e., the Newshour Debate telecasted on Times

Now on 26.05.2022;

(d) Issue a writ of mandamus or any other writ of appropriate

nature to the effect that no cognizance of any complaint would

be taken by any court nor any FIR registered by the police in

relation to or arising out of the same incident/ occurrence i.e.,

the Newshour Debate Telecasted on Times Now on 26.05.2022.

(e) Allow the Petitioner to amend the present Writ Petition in the

event that any other FIR is registered on the same cause of

action in future

with respect to the various FIRs/criminal complaints filed against the

petitioner in different police stations in different States in relation to the

incident/occurrence – Newshour Debate telecasted on Times Now on

26.05.2002.

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2. The particulars of different FIRs/criminal complaints filed against

the petitioner, of which the reliefs are sought in the present petition, are

as under:

S.

NO.

FIR NO. /

DATE

OFFENCE(S) POLICE

STATION

STATE

1. FIR No: 220

of 2022

Date:

04.06.2022

Sections 153-A,

295-A, 298 and 34

of the Indian Penal

Code, 1860

Police Station

Narkeldanga,

Kolkata, West

Bengal

West Bengal

2. FIR No: 125

of 2022

Date:

07.06.2022

Sections 153-A,

295-A, 298 and 34

of the Indian Penal

Code, 1860

Amherst, Police

Station,

Kolkata, West

Bengal

West Bengal

3. FIR No: 0367

of 2022

Date:

11.06.2022

Section 153-A and

Section 295-A of

the Indian Penal

Code, 1860

Yavatmal

Urban, Police

Station, District

Yavatmal,

Maharashtra

Maharashtra

4. Case No.

25788251 of

2022

Case

instituted on:

11.06.2022

Sections 120-B,

153A, 153B, 295A,

298 and 505(2) of

the Indian Penal

Code, 1860

Court of City

Judge/ JMIC,

Srinagar

Jammu and

Kashmir

5. FIR No. 165

of 2022

Date:

12.06.2022

Section 153-A, 504,

505(2), 506, 295-A

and 34 of the Indian

Penal Code, 1860

Police Station

Jorasanko,

Kolkata, West

Bengal

West Bengal

6. FIR No. 197

of 2022

Date:

14.06.2022

Sections 153-A,

295-A, 298 and 34

of the Indian Penal

Code, 1860

Entally Police

Station,

Kolkata, West

Bengal

West Bengal

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2.1 It is also submitted that apart from the aforesaid FIRs/complaints,

two more FIRs have been filed against the petitioner, details of which are

given below, which are not the part of the present writ petition:

S.

NO.

FIR NO. /

DATE

OFFENCE(S) POLICE

STATION

STATE

1. FIR No: 96 of

2022

Date:

23.06.2022

Sections 120-B,

153-A, 295-A, 298

of the Indian Penal

Code, 1860

Wagtunge,

Police Station,

Kolkata, West

Bengal

West Bengal

2. FIR No: Not

yet Available

Date: Not yet

Available

Sections 295-A of

the Indian Penal

Code, 1860

Nanlpeth,

Police Station,

Parbhani,

Maharashtra

Maharashtra

3. It is the case on behalf of the petitioner, who at the relevant time

was the anchor who conducted the Newshour Debate telecasted on

Times Now on 26.05.2022, that with respect to the aforesaid

FIRs/criminal complaints in case of another co-accused – Nupur

Sharma, this Court vide order dated 10.08.2022 in Miscellaneous

Application No. 1238/2022 in Writ Petition (Criminal) No. 239/2022 has

transferred the respective FIRs/complaints to IFSO Unit of Delhi Police

for the purpose of investigation. Therefore, it is the case on behalf of the

petitioner that similar order may be passed in case of the petitioner also

who is the co-accused in the transferred FIRs/complaints as there

cannot be two investigating agencies with respect to same

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FIRs/complaints.

4. Shri Tushar Mehta, learned Solicitor General of India appearing for

the Union of India and also appearing on behalf of the Government of

NCT of Delhi, State of Maharashtra, and Union Territory of Jammu &

Kashmir and Shri Ravinder Singh, learned counsel appearing on behalf

of the State of West Bengal are not in a position to dispute the above

fact that the same FIRs/complaints in which the petitioner is also a coaccused are transferred to IFSO Unit of Delhi Police.

5. We have heard learned counsel for the respective parties and

considered the order passed by this Court dated 10.08.2022 in

Miscellaneous Application No. 1238/2022 in Writ Petition (Criminal) No.

239/2022 by which with respect to the aforesaid FIRs/complaints except

two FIRs arising out of the same incident/occurrence, namely, Newshour

Debate telecasted on times Now on 26.05.2022, the investigation/s

is/are transferred to IFSO unit of Delhi Police. The FIRs/complaints

which are transferred to IFSO unit of Delhi Police, in which the petitioner

is also a co-accused, there cannot be two investigating agencies with

respect to the same FIRs/complaints arising out of the same

incident/occurrence with respect to different co-accused. On the

aforesaid ground as well as on the ground of parity, the FIRs/complaints,

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referred to hereinabove, are also required to be transferred to IFSO unit

of Delhi Police so far as the petitioner is concerned being co-accused.

6. At this stage, it is required to be noted that by the aforesaid order

dated 10.08.2022 in the case of accused Nupur Sharma, this Court has

also passed an order that investigation of any subsequent

FIRs/complaints which are registered in future in respect of the same

incident/occurrence, namely, Newshour Debate telecasted on Times

Now on 26.05.2022 shall also stand transferred to IFSO unit of Delhi

Police.

7. Taking into consideration the order passed by this Court dated

10.08.2022 in the case of accused Nupur Sharma passed in

Miscellaneous Application No. 1238/2022 in Writ Petition (Criminal) No.

239/2022, we dispose of the present writ petition with the following

directions:

i) all FIRs/complaints, referred to hereinabove in paragraph 2

and 2.1 are ordered to be transferred to the IFSO unit of Delhi

Police;

ii) first FIR No. 683 dated 28.05.2022 along with FIR No. 140

of 2022 dated 08.06.2022 registered by Delhi Police, IFSO Unit

are to be treated as lead cases and investigated together along

with the other FIRs/complaints, referred to hereinabove, in which

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the petitioner is the co-accused, which are already ordered to be

transferred to IFSO unit of Delhi Police;

iii) IFSO unit of Delhi Police shall be at liberty to collect and

gather any information from the concerned State agencies, if so

required, for the purpose of conducting a thorough investigation

and taking it to its logical conclusion;

iv) no coercive action shall be taken against the petitioner

pursuant to the aforesaid FIRs/complaints and for the

FIRs/complaints which may be entertained in future pertaining to

the telecast dated 26.05.2022 on Times Now, for a period of eight

weeks from today so as to enable the petitioner to approach the

concerned Court/Delhi High Court for appropriate relief; and

v) the investigation of any subsequent FIRs/complaints which

are registered in future in respect of the same Newshour Debate

telecasted on Times Now on 26.05.2022 shall also stand

transferred to IFSO unit of Delhi police.

8. As far as the primary prayer in terms of prayer (a) in the writ

petition is concerned, the petitioner shall be at liberty to pursue such

prayer by approaching the High Court of Delhi under Article 226 of the

Constitution of India or Section 482 of the Criminal Procedure Code. As

and when such proceedings are instituted by the petitioner, the same

shall be considered in accordance with law and on their own merits. We

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clarify and make it clear that we have not expressed any opinion on the

merits of the allegations contained in the various FIRs/complaints.

9. The present petition stands disposed of in terms of the above.

…………………………….J.

[M.R. SHAH]

NEW DELHI; …………………………….J.

SEPTEMBER 23, 2022 [KRISHNA MURARI]

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