SC says State force should never be used to "browbeat" political opinion or journalists

The Supreme Court has said that state force should never be used to either "browbeat" a political opinion or journalists and that the debasement in the dialogue which is taking place needs "introspection from the political class across the country".

"It is undoubtedly the debasement in the dialogue which is taking place which needs introspection from the political class across the country. In a country that prides itself on its diversity, there are bound to be different perceptions and opinions which would include political opinions. That is the very essence of democracy. The present proceedings in a way emanate from the same," said the bench in its order.

A bench of Justices SK Kaul and MM Sundresh made these observations while quashing the FIRs against online publication Opindia.com's editor Nupur Sharma and others for articles published on the website in West Bengal.

The top court in its order, which was uploaded today on the apex court's website stated, "State force should never be used to either browbeat a political opinion or the journalists suffer the consequences of what is already in the public domain. We hasten to add that this does not take away the responsibility of the journalists in how they report the matters, more so in a "Twitter age"."

Yesterday, the West Bengal government informed the Bench that the state has decided to withdraw the FIRs registered against Nupur J Sharma, the editor of English language Opindia.com and others.

The apex court said it must appreciate the stand taken by the West Bengal government in withdrawing cases against the editor and reporters of Opindia.

The Bench said that it was not inclined to let go of the opportunity of saying something which is troubling the society and the court.

It said that no doubt by the very nature of the job required to be performed by the political class, at times their exchanges may get heated.

"But it should not explode. We are sure difference in perceptions can be expressed in better language," the bench added.

During yesterday's hearing the bench while appreciating the stand taken by the West Bengal government for withdrawing FIR expressed hope that it may be a new beginning and it would be followed by other states also not to initiate criminal proceedings against people having divergent views.

The bench remarked, "Journalists suffer the consequences of what is otherwise also in the public domain... Hope others (states) will follow".

The West Bengal Police had registered cases against Sharma and others for offences under Section 153A (promoting enmity between religious groups), 504 (intentional insult with intent to provoke breach of peace) and 505 (statements conducing to public mischief) of the Indian Penal Code.

It had earlier stayed proceedings in four FIRs lodged in West Bengal against Sharma and others in connection with articles published by them.

The main writ petition filed by Sharma and others including the founder and CEO of the news portal and editor of its Hindi language publications claimed that the West Bengal government and its "authoritarian Kolkata Police" are misusing FIRs and "brute police powers" to intimidate journalists.

They had approached the apex court in June 2020.

( With inputs from ANI )

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