Creating ill-will against CMO will not amount to creating enmity between two groups under Section 153A: Andhra Pradesh High Court

The Andhra Pradesh High Court recently held that creating ill-will against the Chief Minister's Office (CMO) will not amount to an offence of promoting enmity between different groups under Section 153A of the Indian Penal Code (IPC) [Kollu Ankababu vs Tirupathi Ramesh]..Single-judge Justice R Raghunandan Rao, therefore, quashed criminal proceedings against a local journalist, who was booked for allegedly attempting to create ill-will between two groups and also for trying to bring disrepute to the CM's office.The Court held that even if the social media message is said to have caused ill-will or hatred between the members of the office of the CM and other persons, it would still not attract the provisions of Section 153A."The primary requirement of existence of two groups is not available in this case. At best, creation of ill-will against the Chief Minister’s office would not amount to creation of ill-will or hatred between the two groups. Even if such ill-will is said to have been created between two groups, the provisions as relied upon by the prosecution would not be attracted as the groups should have been on the basis of religion, race, etc., which is not the case herein," the judge observed in the order pronounced on December 2..The case pertained to a first information report (FIR) lodged against the petitioner, a local journalist in Vijayawada, for circulating fake messages which alleged that a huge quantity of gold was recovered from the wife of a top official at the CM's office. The prosecution claimed that the journalist was trying to bring disrepute to the CM's office and also attempting to create ill-will between two groups and thus booked him under Sections 153A (promoting enmity between different groups), 505 (public mischief) and 120B (criminal conspiracy) of the IPC.The substance of the message, the bench noted, was that a large amount of gold was seized from a passenger travelling from Dubai to Gannavaram. The passenger was alleged to be the wife of a senior officer in CMO..Special Public Prosecutor YL Siva Kalpana Reddy contended that the intention behind the said message was to make out that the CMO was somehow involved in all this and, thus, bring the office of the Chief Minister into disrepute and cause ill-will between different groups of people.The judge, however, referred to the definition of Section 153A and its three clauses and said that for the offence to be attracted, the alleged actions should cause enmity between groups; mere ill-will against one group would not attract the above provisions.Such actions, the Court said, should be committed with the intention of causing such enmity and the provision would be applicable only where enmity is caused on grounds of religion, race, place of birth, residence, language, caste or community or any other ground."The groups between whom such enmity or disharmony or hatred or ill-will is caused would be groups defined on the basis of their religion, race, language, place of birth, caste or community. Differences or ill-will caused between two groups which are not defined on the basis of the above requirements would not attract the provisions of Section 153 A of the IPC," the judge opined..Advocate T Sreedhar appeared for the Petitioner..[Read Order]