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Supreme Court of India 2020-12-07 partly_allowed

Amish Devgan vs Union of India and Others

Bench: 2 — Sanjiv Khanna

In Brief

A journalist anchoring a debate on a televised show made comments calling a revered Sufi saint a "terrorist" and "robber." Seven FIRs were filed across multiple states alleging insult to religious sentiments and promotion of enmity. The journalist sought quashing of the FIRs, claiming they were filed in places lacking jurisdiction and that the remarks were inadvertent. The Supreme Court refused to quash the FIRs, holding that the nationwide broadcast had consequences in multiple jurisdictions, validating registration in each. However, the Court transferred all subsequent FIRs to the first-registered station and granted interim protection against arrest pending investigation, emphasising that substantive questions about intent, falsity, and harm must be examined during investigation and trial, not at the FIR stage. The decision notably develops principles distinguishing free speech from criminalisable hate speech, requiring strict standards of imminence and causality.

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Hate Speech Freedom of Expression Criminal Procedure Public Order Fundamental Rights Religious Sentiments Journalism and Media

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