[Toolkit Tweets] Supreme Court refuses to intervene in Chattisgarh High Court's order staying FIRs against Sambit Patra, Former CM Raman Singh

The Supreme Court on Wednesday refused to intervene in the Chattisgarh High Court’s order which stayed FIR filed against Sambit Patra and former Chattisgarh CM Raman Singh.

The bench led by Chief Justice of India NV Ramana noted it found no reason to intervene in the present case which was in appeal by the state, adding that that it is the High Court which should decide the matter instead.

Senior Advocate Dr. Abhishek Manu Singhvi appeared for the State of Chhatisgarh.

On June 11, the Chhatisgarh High Court had passed two separate orders granting interim relief to Singh and Patra, while noting that averments in the FIR lodged against them. Court had specifically noted that "no public peace or tranquillity is being adversely affected" and that the issue was only with respect to the issue of political rivalries.

The State's appeal against the order averred that the Court had erroneously granted interim relief to Raman Singh while also admitting the petition seeking quashing of FIR.

The State government had noted that an ex-facie offence of forgery was made out and that the High Court was incorrect in passing the order and exercising its powers under Article 226 of the Constitution.

In this light, it was highlighted that the State had been carrying out investigation against Singh with tenets of the law and that the accused was given an opportunity to be present from his own house in light of the ongoing pandemic situation.

The FIR had been registered basis a complaint filed by Akash Sharma, the State President of the National Student Union of India.

The Tweets:

Singh's tweet pertained to a document which alleged that the Congress party had created a Toolkit to tarnish the image of Prime Minister Narendra Modi and India.

The Indian National Congress, on the other hand had denied such claims, alleging that this was solely being done to attack its reputation.

The FIR laid out ffences under Sections 504 (Intentional insult with intent to provoke breach of the peace), 505 (public mischief), 469 (forgery) and 188 (Disobedience to order duly promulgated by public servant) of the Indian Penal Code.

The Court stated that the offence under Sections 504 and 505 are not made out since public peace or tranquillity was not affected by the tweet.

On the offence of forgery under Section 469, the Court said that from a perusal of the FIR, it was apparent that ingredients of forgery and intent to harm reputation are not made out as the attached document was already in the public domain much prior to the time petitioner tweeted the message.

Regarding Section 188, the Court noted that there was no compliance with Section 195 of the Code of Criminal Procedure which lays down conditions for prosecution for contempt of lawful authority of public servants.

Case Title: State of Chhattisgarh Vs Raman Singh, Sambit Patra