New Delhi: The Allahabad high court on Tuesday granted protection from arrest to Scroll journalist Supriya Sharma in relation to a first information report (FIR) registered by the Uttar Pradesh police alleging misrepresentation of facts and statements.
An FIR was registered against Sharma, who is the executive editor of Scroll, on June 13 based on a complaint filed by Mala Devi, a resident of Domari village in Varanasi. The village was adopted by Prime Minister Narendra Modi. Sharma filed a story in which Devi said she faced food distress during the coronavirus-induced nationwide lockdown. However, Devi’s complaint refuted this claim.
According to Scroll, a bench of Justices Manoj Misra and Anil Kumar said the petition to quash the FIR could not be accepted at the current stage, ordering the investigation to continue. Sharma’s representatives told the court that Scroll has an audio recording that establishes the veracity of the article. Scroll has stood by the article.
“The learned counsel for the petitioners submitted that the petitioners had made audio recording of the interview and the publication was a true representation of what was stated in the interview and the publication was made in public interest to highlight the condition of certain persons,” the court said in its order. “In paragraph 10 of the petition it has been stated that the petitioners have audio recording of the interview. Along with the petition, photographs have also been annexed to demonstrate that the person concerned was contacted.”
According to Scroll, the order added:
“Under the circumstances, as the allegations disclose commission of cognisable offence, the prayer of the petitioners to quash the first information report cannot be accepted. However, considering the facts and circumstances of the case and keeping in mind that the petitioners claim that they have audio recording of the interview, the contents of which were reflected in the publication, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but petitioners shall not be arrested in the above case till submission of police report under Section 173 (2)Code of Criminal Procedure provided they cooperate in the investigation.”
The UP Police have come under criticism for registering an FIR against Sharma. The move has been seen as part of a larger trend across the country to register cases against journalists for reporting on the country’s COVID-19 response and instances of alleged mismanagement.