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The Allahabad High Court today quashed a First Information Report (FIR) against the founding editor Siddharth Varadarajan & reporter Ismat Ara of online news portal The Wire'. The FIR was lodged under Sections 153-B and 505 (2) of the Indian Penal Code.

The portal had published a news item titled "Autopsy Doctor Told Me He'd Seen the Bullet Injury but Can Do Nothing as His Hands are Tied" on January 30 last year covering the incident of death of a man during a Farmers' Protest against the three Farm Laws (hence repealed) on Republic day near 'ITO' New Delhi.

It was the State's version of the incident that the man's death was caused due to an accident involving his tractor and a clarificatory statement was also issued by the three doctors who carried out the postmortem denying that they had spoken to the media or any other person or they made any such statement.

Following Varadarajan's tweet containing the news item, a complaint was filed by one Sanju Turaiha the next day alleging that Varadarajan, by way of a tweet, sought to provocate the masses, spread riot, and tarnish the image of the medical officers. Resultantly, the FIR was registered. 

The bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar held the FIR sustainable in the eyes of law on the ground that it does not disclose the commissioning of offences under Sections 153-B and 505 (2) IPC. "Perusal of the publication made by the petitioners indicate that it mentions the fact of incident...(It) does not disclose that any opinion was expressed by the petitioners with consequences thereof," Court pointed out. 

Court also stressed that nothing was brought before it to indicate that there was any disturbance or riot which may had any bearing on public disorder on account of the publication of news/ tweet of the petitioners.

Therefore Court held that there was no opinion or assertion in the news item on the part of the petitioners, which may have the effect of provocating or inciting the people.

Notably, after the registration of the FIR, Varadarajan & reporter Ara had moved the Top Court for quashing of the same. However, the Court granted two months' protection to them from arrest and asked them to approach the concerned High Court instead. 

Case Title: Siddharth Varadarajan And Another v. State Of U.P. And 2 Others