NAVIKA KUMAR versus UNION OF INDIA & OTHERS

Citation: [2022] 16 S.C.R. 182 · Decided: 23-09-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Disposed off

Judgment (excerpt)

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SUPREME COURT REPORTS
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NAVIKA KUMAR
v.
UNION OF INDIA & OTHERS
(Writ Petition (criminal) No. 286 of 2022)
SEPTEMBER 23, 2022
[M. R. SHAH AND KRISHNA MURARI, JJ.]
Constitution of India: Art 32 – Writ of Certiorari – Petitioner
was the anchor of Newshour Debate (debate) telecasted on Times
Now – Various FIRs/criminal complaints filed against the petitioner
in relation to the debate telecasted on 26.05.2022 – Petitioner prayed
for quashing the FIRs/complaints described in the instant writ
petition or any other FIR/criminal complaint that may be instituted
in future arising out of the same incident – Petitioner also prayed
that the various FIR/Complaints be clubbed together – Held: Taking
into consideration the order passed by this court at earlier occasion
in the case of co-accused, all FIRs/complaints against the petitioner
are directed to be transferred to the IFSO unit of Delhi Police –
IFSO unit of Delhi Police shall be at liberty to collect and gather
any information from the concerned State agencies for the purpose
of conducting a thorough investigation – No coercive action shall
be taken against the petitioner in FIRs/complaints already lodged
or that may be lodged in future pertaining to the debate for a period
of eight weeks from the date of judgment so as to enable the petitioner
to approach the concerned Court for appropriate relief – The
investigation of any subsequent FIRs/complaints which are registered
in future in respect of the debate shall stand transferred to IFSO
unit of Delhi police – With respect to quashing of FIR/complaint,
the petitioner is at liberty to pursue such prayer by approaching
the High Court u/Art.226 or s.482 of Code – Writ petition disposed
of – Code of Criminal Procedure – s.482.
CRIMINAL ORIGINAL JURISDICTION: Writ Petition
(Criminal) No. 286 of 2022.
Under Article 32 of The Constitution of India
Maninder Singh, Neeraj Kishan Kaul, Sr. Advs., Ms. Ruby Singh
Ahuja, Ms. Meenakshi Grover, Pawan Noray, Varun Khanna, Ms. Kritika
[2022] 16 S.C.R. 182
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Sachdeva, Lakshya Khanna, Dhruv Sharma, Raghav Agrawal, Jappan
Preet Hora, Prabhas Bajaj, Ms. Ashita Chawla, Ajay Sabharwal, Pranav
Saigal, Raghav Tewari, Navneet R., M/S. Karanjawala & Co., Advs.
for the Petitioner.
Tushar Mehta, SG, K. M. Nataraj, ASG, Ms. Swati Ghildiyal, Kanu
Agarwal, Navanjay Mahapatra, Ms. Rooh-e-Hina Dua, Ms. Neela Kedar
Gokhale, Shailesh Madiyal, Nakul Chengappa K.K., Harshit Khanduja,
Kanishak Bunderwal, G S Makker, A.K. Sharma, Ms. Astha Sharma,
Ravinder Singh, Ms. Raveesha Gupta, Ms. Mantika Haryani, Shreyas
Awasthi, M/s. Plr Chambers and Co., Ms. Taruna Ardhendumauli Prasad,
Ms. Shreya Srivastava, Ms. Ananya Sahu, Aman Singh Bhadauria, Advs.
for the Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. By way of this petition filed under Article 32 of the Constitution
of India, the petitioner has prayed for the following substantive reliefs,
(a) Issue an appropriate writ, order or direction in the nature of
certiorari quashing the Impugned FIRs/Complaints described in
paragraph 17 of the present Petition or any other FIR/Criminal
Complaint filed or inquiry or investigation instituted or to be instituted
in the future in relation to the Petitioner arising out of the same
incident/occurrence, i.e., the Newshour Debate telecasted on
Times Now on 26.05.2022;
(b) Alternatively, issue an appropriate writ, order or direction in
the nature of transfer and club all FIRs including the Impugned
FIRs/Criminal Complaints described in paragraph 17, and any other
FIR/Criminal Complaint filed or inquiry or investigation instituted
or to be instituted in the future in relation to the Petitioner arising
out of same incident/ occurrence, i.e., the Newshour Debate
telecasted on Times Now on 26.05.2022 with FIR No. 130 of
2022 registered by the Special Cell, Delhi Police i.e. the first
reported FIR in relation to the said incident/occurrence;
(c) Issue an appropriate writ, order or direction in the nature of
mandamus restraining Respondents and/or any other authority to
take any coercive steps pursuant to the Impugned FIRs/Criminal
Complaints described in paragraph 17 of the present Petition or
NAVIKA KUMAR v. UNION OF INDIA & OTHERS
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any other FIR/Criminal Complaint filed or inquiry or investigation
instituted or to be instituted in the future in relation to the Petitioner
arising out of same inc

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