May be wrong, that's what free speech is all about: SC questions FIRs on fact finding report by Editors Guild

The court extended by two weeks the protection from coercive action it has granted to four members of the Editors Guild of India in connection with two FIRs lodged against them in Manipur for allegedly promoting enmity between different groups.

The Supreme Court on Friday questioned lodging of the FIRs against the Editors Guild of India and its four members, by asking how the offence of promoting enmity between different ethnic groups was made out against them for making a "fact finding report" in Manipur, reeling under the ethnic violence since May this year.

The top court said the journalists may be right or wrong, “that is what free speech is all about".

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra also asked incorrect things are reported all across the country every day, if the authorities would prosecute journalists.

The court extended by two weeks the protection from coercive action it has granted to four members of the Editors Guild of India (EGI) in connection with two FIRs lodged against them in Manipur for allegedly promoting enmity between different groups.

The bench also orally observed that the complaint filed against the EGI members was "a counter-narrative of the government".

Appearing for the complainant, senior advocate Guru Krishna Kumar submitted that if EGI withdraws its report then it will be the end of the problem.

Senior advocate Shyam Divan, representing the EGI, said that counter responses have come to the report and it has been put on the same weblink.

Solicitor General Tushar Mehta, appearing for the Manipur government said, "I am not coming in the way, if the court feels like transferring the case, these are narrative building, whether rightly done or wrongly done, not getting into value judgment.”

The bench, however, asked Kumar as to how any of the offences alleged in the FIR are made out by this report by the EGI.

"Let us see Section 153A, we are entertaining the quashing jurisdiction, show us how Section 153 (is made out)… what is happening… they are entitled to put forth a view point. It is a report, where do you get this 153A… let see Section 200," the bench said.

"We will put it on record, to what they are saying,” he said.

The bench, however told him, “You have to look at your complaint as it stands, forget the response, and through your complaint establish how these offences are made out”.

Kumar said that complaint or an FIR is not an encyclopaedia of all facts and complaint to the authorities is request to investigate the matter.

"You have to show us in a case like this, your complaint… does it even make out a whisper of ingredients of the offence… assuming what they say is false. False statement in an article is not an offence under Section 153A, it may be incorrect. Incorrect things are reported all across the country every day, will you prosecute journalists for Section 153A," the bench asked him.

Mehta said without taking that route, let them go to Delhi High Court and pursue their remedies.

The bench asked the complainant’s counsel to file his client’s response on why this is not a case for quashing.

Upon this, Mehta said the court is inviting hundreds of petitions under Article 32 of the Constitution.

The bench said that the Army had written to the Editors Guild of India saying there was partisan reporting and invited them to visit Manipur and make a proper report and they submitted a report.

“They may be right or they may be wrong, or whatever that is what free speech is all about,” the bench said.

Mehta said if the FIRs are quashed it may have repercussions and the court knows that the situation is delicate and let the protection granted to journalists continue and let them avail their remedies. “But kindly mention this has no reflection on the High Court of Manipur,” he said.

The court, while extending the protection, granted two weeks to the respondents to file objections in the matter.

The initial complaint against the EGI president and its three members was filed by Ngangom Sarat Singh, a retired engineer who had worked for the state government. The second FIR was lodged by Sorokhaibam Thoudam Sangita of Khurai in Imphal East district.

Besides EGI president Seema Mustafa, those who have been booked are senior journalists Seema Guha, Bharat Bhushan and Sanjay Kapoor. EGI journalists moved the apex court seeking quashing of the FIRs and also protection from arrest.

On September 11, the EGI told the apex court that it had sent a team of journalists to Manipur to examine 'biased and unethical reporting by vernacular media' on the Indian Army’s invite. They cited a letter by Indian Army dated July 12, 2023, to the Editors Guild of India.

On September 4, Manipur Chief Minister N Biren Singh had said a police case had been filed on the basis of a complaint against the president and three members of the Editors Guild of India and accused them of trying to "provoke clashes" in the state.