Sabareesh R Pillay | School of Law, University of Mumbai Thane Sub-Campus | 1st August 2020
Amish Devgan Vs. Union Of India
FACTS:
Amish Devgan is a journalist and a well-known Prime time host for the News18 channel he hosts debates every night on national television. Amish Devgan in his prime time show “Aar Paar” on June 15 had called khwaja moinuddin chisti, better known as khwaja ghreeb nawaz as an “attacker” and “looter”. The journalist repeatedly called saint Moinuddin Chisti as a lootera. As a result multiple FIR’s were filed against him in Ajmer, Kota,Hyderabad and Nanded claiming that Amish devgan had hurt religious sentiments by using derogatory remakrs against the saint moinuddin chisti in his prime time show. Later, Amish Devgan had profusely apologised for referring the Sufi saint as “Lootera’ and called it an “inadvertent error”.
ISSUE:
Whether investigation and coercive action against Amish Devgan must be inititated for his derogatory remarks against Sufi saint moinuddin chisti shall continue.
LEGAL PROVISION :
Under Section 295A, Section 153A, Section 505 and Section 34 of the Indian Penal Code (IPC)
PETITIONER CONTENTION:
The petitioner contented that The journalist has said the plea concerned his life and liberty. The Petitioner added that “In a well-orchestrated manner – the petitioner has been made a victim of country-wide filing of false and baseless criminal complaint and FIRs on the one hand, and on the other hand, petitioner, his family and his crew has been abused unabashedly on social media and by personal messages by unknown persons. The petitioner has also received several death threats from various anti-social elements,” the plea submitted. “That immediately on realising his inadvertent slip of tongue during heated debate in his news debate show petitioner tendered a clarification and clarified that the name ‘Chisti’ was mentioned by error and inadvertently, Devgan tweeted the clarification on his personal Twitter account on the intervening night of June 16-17 and moreover, the channel carried a video clarification featuring the journalist, the plea said. His tweet of apology read: “ In 1 of my debates, I inadvertently referred to “Khilji” as “Chisti” . I sincerely apologise for this grave error and the anguish it may hv caused to followers of sufi saint moinuddin Chisti, whom I revere. I have in the past sought blessings in his dargah. I regret this error.
RESPONDENT CONTENTION:
The multiple FIR’s filed against Amish Devgan contended that action should be taken against the Journalist and his remarks must be investigated upon. During the course of the live heated discussion one of the panellists quoted ‘Chisti’ (Hazrat Khwaja Moinuddin Chishti) and inadvertently, petitioner (Devgan) who wanted to refer to the historical figure Khilji(Alauddin Khilji) as a marauder, mentioned the name ‘Chisti’. One of the FIR’s claimed that the Journalist hurt religious sentiments by referring Saint Moinuddin Chisti in derogatory terms.
COURT OBSERVATION:
A bench headed by Justice A M Khanwilkar asked the respondents, including the states where cases have been lodged and those who had filed complaints against Devgan, to file their counter affidavits on the plea and posted the matter for hearing on August 6, 2020. The bench allowed the petitioners to serve copies on the de facto complainants who had not been served and directed the union and other respondents to file a reply in two weeks. The bench had issued writ petition seeking quashing of FIR’s and asked him to implead all the de facto complaints.
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