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Navika Kumar vs. Union of India

Writ Petition (Criminal) · 2022 INSC 1017Decided 23 Sept 2022
Writ Petition (Criminal) No. 286 of 2022
M.R. Shah · Krishna Murari

Background

Navika Kumar, a television news anchor who hosted a "Newshour" debate on Times Now on 26 May 2022, had multiple FIRs and criminal complaints filed against her across several states (West Bengal, Maharashtra, Jammu & Kashmir) under provisions such as Sections 153-A and 295-A of the Indian Penal Code (relating to promoting enmity between groups and outraging religious feelings), all arising from the same broadcast. She approached the Supreme Court under Article 32 seeking to have these FIRs quashed or, alternatively, clubbed together and transferred to a single investigating agency, pointing out that in a related case involving a co-panelist from the same debate (Nupur Sharma), the Court had already transferred similar FIRs to the IFSO Unit of Delhi Police.

Decision Breakdown

The Court noted that since the petitioner was a co-accused in FIRs that had already been transferred to the IFSO Unit of Delhi Police pursuant to its earlier order dated 10 August 2022 in the Nupur Sharma matter, there could not logically be two different investigating agencies probing FIRs arising from the very same incident. On this basis and on grounds of parity, it directed that all the listed FIRs/complaints against the petitioner also be transferred to the IFSO Unit of Delhi Police, to be investigated together with the lead FIRs, with no coercive action to be taken against her for eight weeks (to allow her to seek relief from the Delhi High Court), and directed that any future FIRs on the same broadcast would likewise stand automatically transferred to the same unit. The Court declined to quash the FIRs outright, leaving the petitioner free to pursue that specific relief before the Delhi High Court, and expressly clarified it was not commenting on the merits of the underlying allegations.

Lesson Learnt

When multiple FIRs are lodged across different states arising from the same incident against the same person, the Supreme Court can consolidate the investigation into one agency to prevent parallel and potentially harassing multiplicity of proceedings, but consolidating investigation is different from quashing the case, which typically must still be sought from the appropriate High Court.

Official source (sci.gov.in)View Judgment (PDF)

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