Orders reserved on journalist’s plea to quash FIR

Justice N Anand Venkatesh, before whom the plea came, on hearing arguments as to whether the police were justified in registering a FIR against them under Section 153A IPC, which deals with creating disharmony or feelings of enmity between different groups resulting in disturbance of public tranquility, reserved orders on admissibility of the petition without mentioning a date.

Earlier, Senior counsel NR Ilango appearing for the petitioner contended that the documentary relates to only Edappadi K Palaniswami and that no person in the documentary makes any statement regarding any group much less any statement or act promoting either enmity or disharmony amongst two different communities.

At best, a suit can be filed challenging the efficacy of the statements but at no stage can they be booked under sections like 153A, 505(1)(c) and 505(2) IPC.

Public Prosecutor A Natarajan submitted that the video filled with falsehood was aimed at instigating violence among groups especially with Lok Sabha elections around the corner. Also, citing a protest resorted to by DMK members near Raj Bhavan seeking action against the Chief Minister affecting traffic and causing public nuisance, the prosecutor submitted that the video is based on two accused with criminal background and that they had waited for two years to come up with such an allegation.

However, the judge observed that apart from such allegations, the sections in which the FIR has been registered deals mainly with instigation based on either caste or religion.