After apology, Gujarat High Court quashes Sedition FIR against journalist for news report on possible CM change amid COVID-19

On Friday, the Gujarat High Court quashed charges of sedition against a journalist who published a report on a possible change in Gujarat State leadership in light of rising COVID-19 infections in the State. (Dharam Patel v. State of Gujarat).The Bench of Justice RP Dholaria accepted an unconditional apology tendered by the journalist. He had placed on record an apology without "without admission of any guilt" for the "allegedly offending article".."Since the present petitioner is a young journalist and he has begun his career and that from the deepest corner of his heart, the petitioner has tendered apology as quoted above and therefore, this Court is satisfied with the apology tendered by the petitioner", reads the order quashing the sedition case..The sedition case was registered against Dhaval Rajnikant Patel, who is the editor of online Gujarati news portal Face of Nation. Charges were slapped against him for purportedly publishing a report on a possible change in State leadership amid criticism for the rising number of COVID-19 cases in the State..Patel also ventured to name the incumbent Chief Minister’s successor which led to the Crime Investigation Department slapping charges of sedition against him..The institution of criminal proceedings against Patel prompted him to seek the Court’s intervention in quashing charges of sedition against him. He also placed on record his unconditional apology which read as follows:"I tender my unconditional apology for the allegedly offending article published by me in my web portal Face of the Nation basis which the impugned FIR has been registered against me. My unconditional apology is without prejudice and without admission of any guilt.".In consideration of his youth, and his apology from the heart, the High Court directed that the charges be dropped..Cautioning the journalist against making comments against constitutional functionaries without verification, the matter was disposed of.."The impugned FIR/proceedings are quashed and set aside with a caution to the petitioner that as and when he may publish any article in future, no such comments be used against any constitutional functionaries without verification and he shall be cautious of not repeating the same.".Advocate AJ Yagnik represented Patel while Public Prosecutor Mitesh Amin appeared for the State..On a related note, the Punjab and Haryana High Court recently exhorted the State to be more tolerant and circumspect while invoking laws relating to sedition and religious disaffection..State needs to be more tolerant and circumspect while invoking laws on sedition and religious disaffection: Punjab & Haryana High Court.Read the Gujarat High Court Order