Intentional insult of Pir belonging to Muslim community in TV programme – Promoting enmity and disturbing public tranquility
Amish Devgan hosts and anchors debate shows ‘Aar Paar’ on channel News18 India and ‘Takkar’ on CNBC Awaaz. While hosting the debate, Amish had described Pir Hazrat Moinuddin Chishti, also known as Pir Hazrat Khwaja Gareeb Nawaz, as “aakrantak Chishti aya... aakrantak Chishti aya... lootera Chishti aya... uske baad dharam badle”. Post telecast as many as seven FIRs concerning the episode were filed and registered against the Amish.
Supreme Court held that the debate-show hosted by the Amish Devgan was broadcast on a widely viewed television network. The audience, including the complainants, were located in different parts of India and were affected by the utterances of the Amish Devgan; thus, the consequence of the words of the Amish Devgan ensued in different places, including the places of registration of the impugned FIRs. Defence raised by Amish Devgan of ‘slight harm’ cannot be entertained on this initial stage because whether an act, which amounts to an offence, is trivial would undoubtedly depend upon the evidence collated in relation to the injury or harm suffered, the knowledge or intention with which the offending act was done, and other related circumstances.
Amish Devgan was an equal co-participant of talk show, rather than a mere host. The transcript, including the offending portion, would forms a part of the 'content', but any evaluation would require examination and consideration of the variable 'context' as well as the 'intent' and the 'harm/impact'. These have to be evaluated before the Court can form an opinion on whether an offence is made out.
Public tranquility must be read in a restricted sense synonymous with ‘public order and safety’ and not ‘normal law and order issues’ that do not endanger the public interest at large. It cannot be given the widest meaning so as to fall foul of the requirement of reasonableness which is a constitutional mandate. Words 'public tranquillity' means ordre publique a French term that means absence of insurrection, riot, turbulence or crimes of violence and would also include all acts which will endanger the security of the State, but not acts which disturb only serenity, and are covered by the third and widest circle of law and order. Public order also includes acts of local significance embracing a variety of conduct destroying or menacing public order.
Prayer for quashing of the FIRs by Amish Devgan was rejected but he was granted interim protection to against arrest, subject to his joining and cooperating in investigation till its completion
