| 15 September 2023
| Christie Anto
New Delhi, India - In a significant development, the Supreme Court of India has extended interim protection from arrest to four members of the Editors Guild of India who are facing FIRs (First Information Reports) for publishing a fact-finding report on the Manipur violence. The apex court's decision came as it emphasized the distinction between false statements and incorrect statements made in journalistic articles.
The Supreme Court, presided over by Chief Justice of India DY Chandrachud, stated, "Making a false statement in an article is not an offence of 153A (Promoting enmity between different groups); it may be incorrect statements." This assertion reflects a critical examination of the charges brought against the journalists by the Manipur government.
The court further questioned the broader implications of prosecuting journalists for inaccuracies, asking, "Incorrect statements are made by journalists across the country, will you prosecute all?"
Chief Justice Chandrachud expressed his reservations about the allegations against the Editors Guild members, stating, "Prima facie, no offences were made out against the journalists." He went on to challenge the basis for the FIRs, asking why they should not be quashed.
"Journalists are entitled to put forth a viewpoint... just show us how these offences (mentioned in the FIRs) are made out. This is just a report. You have implicated sections which are not made out," the Supreme Court emphasized as it extended protection from arrest to the four Editors Guild members for an additional two weeks.
**Background of the Case**
The controversy began when a four-member team of the Editors Guild of India released a 24-page fact-finding report on the Manipur violence on September 2. This team was dispatched to Manipur to investigate media reports in the state regarding the ethnic violence.
In their report, the Editors Guild alleged that media coverage of the ethnic violence in Manipur was one-sided and accused the state leadership of taking a partisan stance.
In response, the Manipur government filed an FIR against the president and three members of the Editors Guild of India, accusing them of attempting to exacerbate the violence in the state. The FIR implicated the four Editors Guild members in offenses under various provisions of the Indian Penal Code, including promoting enmity between different groups.
The Supreme Court's recent stance on the matter reflects the broader issue of freedom of the press and the responsibility of journalists in reporting on sensitive subjects. It remains to be seen how this case will progress and whether the allegations against the Editors Guild members will ultimately be substantiated or dismissed.
As the legal battle unfolds, it raises crucial questions about the line between freedom of expression and the legal consequences of inaccurate reporting, setting a significant precedent for journalism in India.
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