Hate Speech case: Karnataka High Court orders no coercive action (for now) against Sudhir Chaudhary

The Karnataka High Court on Friday directed the police not to take any coercive steps till September 20 against TV news anchor Sudhir Chaudhary in connection with the first information report (FIR) registered against him and news channel Aaj Tak for allegedly broadcasting false news about the Karnataka government’s Swawalambi Sarathi scheme..A media report anchored by Chaudhary on Aaj Tak is reported to have said that the scheme amounted to minority appeasement by the present Congress-led State government since Hindus were deprived of the incentives given by this scheme. .Justice Hemant Chandangoudar today indicated that he would decide on the plea next Wednesday, and asked the police not to take any coercive steps against Chaudhary in the meantime.Justice Chandangoudar added that Chaudhary's petition would have to be dismissed even if only a prima facie case is made out against him."Even if there is a prima facie case, the petitions (by Chaudhary) will have to be dismissed .. We will have it (next case hearing) on Wednesday," the judge said..The judge today opined that there was no need to interrogate the anchor in custody since all the information required was already in the public domain. The Court added that it did not wish to keep the matter pending for long. The Court further remarked that whether or not the news report had fueled any hatred against a religion is something that may have to be examined through an investigation. .The judge also orally said that there appeared to be a prima facie case against Chaudhary. "What I read from the newspaper is that it (the scheme) was available earlier ... The specific allegation is this (current) government is providing scheme only to minorities, depriving Hindus of the said incentive... There are various schemes sir, all the citizens of the country are treated equal and everybody was benefited... The allegation were.. there is a prima facie case. Go for the investigation," he said. .Sudhir Chaudhary was represented by Senior Advocate Uday Holla who questioned whether it could be called hate speech if a person speaks about the discrimination he faces. .In response to a query by the Court on whether the scheme is available to all sections of people, Chaudhary's counsel asserted that it is only extended to minorities. .The judge today also posed questions on what the source of information was to assert that the scheme in question was confined to minorities or introduced by the present government..The complaint against the anchor and the channel was filed by the Administrative Officer of the Karnataka State Minorities Development Corporation Ltd (KSMDC). The FIR was registered under Sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence) and 505 (Statements conducing to public mischief) of the Indian Penal Code (IPC).The FIR was filed based on a September 11 news program aired on Aaj Tak, which was anchored by Chaudhury and discussed the KSMDC's Swavalambi Sarathi Scheme. Chaudhary is alleged to have said that the scheme was exclusively available to minority communities. As per a State government website, the Swavalambi Sarathi Scheme can be availed by minorities, members of a scheduled caste or scheduled tribe, and other backward classes. The scheme involves the extension of subsidies for the purchase of passenger or goods vehicles. .The plea by Chaudhury against the criminal case registered against him stated that in a democracy, the press and the media have the right to question the government of the day. The plea added that any questions now raised by the media against the government were leading to the registration of criminal cases and that the State machinery "goes on an overdrive" to muzzle the voice of the press. Further, the plea stated that mens rea was absent in the case as there was no intention to promote any enmity between groups of people. Therefore, the criminal case cannot stand, it was submitted. .[Read Order].[Read live coverage of today's hearing]