[Free Press] "Section 124A on sedition needs interpretation:" Supreme Court protects Andhra news channels TV5, ABN from coercive action

The Supreme Court on Monday said that Section 124A of the Indian Penal Code which criminalises sedition, would require detailed interpretation with respect to its application to media and freedom of press. .A three-judge Bench, therefore, protected two Andhra Pradesh news channels TV5 and ABN from coercive action in relation to the First Information Report (FIR) registered against them by Andhra Pradesh Police for sedition and other charges after it aired "offending speeches" made by YSR Congress lawmaker, Kanumuri Raghu Rama Krishna Raju. ."We are of the view that the ambit and parameters of the provisions of Sections 124A, 153A and 505 of the Indian Penal Code 1860 would require interpretation, particularly in the context of the right of the electronic and print media to communicate news, information and the rights, even those that may be critical of the prevailing regime in any part of the nation," Justice DY Chandrachud who was heading the Bench remarked. .If a TV channel says something it cannot be called as sedition, he added. ."The germane of allegation arises from certain program which was broadcast involving participation of Kanumuri Raghu Rama Krishna Raju. The FIRs do not establish the offence invoked against them. Article 32 jurisdiction has been invoked saying our earlier order stated that contempt would be issued if coercive arm of law is used against free speech. Till the next date of listing there shall be stay on coercive action against the two TV channels and their personnel," the Court ordered. .The petition by TV5 News channel filed through Advocate-on-Record (AoR) Vipin Nair challenged the FIR which the news channel claimed was a result of telecasting a number of allegedly offensive speeches made by Raju, a Member of Parliament from the ruling party of Andhra Pradesh (YSRCP).The plea moved by ABN News by AoR Guntur Pramod Kumar stated that ever since YS Jaganmohan Reddy led government came to power, “ABN Andhrajyothi” news channel has been "targeted by the State Government and its broadcasting was stopped at the ruling party/State Government’s behest, forcing it to approach the Hon’ble TDSAT and despite the order, the access to the petitioners’ channel is limited in Andhra Pradesh.".According to the FIR, the offending speeches of Raju were broadcast by a number of media outlets, including that of the petitioners."The only allegation in FIR against the Petitioner’s channel TV5 is that TV5 alloted “premediated” and “organised” slots to Mr. Raju, which according to the impugned FIR evinces a meeting of minds amongst the accused persons," the plea in Supreme Court said.Aside from the FIR, the news channels also sought quashing of the Enquiry Report of May 14, 2021, which was the basis of the FIR.In addition, the Petitioners sought stay on consequential investigation and and an order restraining the Police from taking any coercive action against the petitioner company, its news channels, or their employees.TV5 submitted that it approached the Supreme Court since main accused, Raju, was reportedly arrested in pursuance of the FIR and suffered custodial torture at the hands of the Police.The TV channel contended that it could be meted out the same treatment if the Supreme Court does not intervene on an urgent basis..The Court while refusing to the stay the investigation, granted protection for coercive action to both the channels. .Earlier during the hearing of suo motu COVID case, Justice DY Chandrachud had sarcastically asked whether a sedition case has been initiated against a news channel which showed a dead body being dropped into a river from a bridge in Uttar Pradesh."A news report yesterday showed dead body was being thrown into river. I don't know if a sedition case has been filed against the news channel yet," Justice Chandrachud remarked..Read a full account of COVID hearing here. .[Read Order]