Journalist Raising Concerns About Illegal Migrants, Religious Fundamentalism Alone Doesn't Attract Offence Of Promoting Enmity: Gauhati HC

The Gauhati High Court recently observed that a journalist raising concerns about illegal migrants, religious fundamentalism, militant activities, and demographic threats to the indigenous people cannot, by itself, be construed as an attempt to create enmity between groups or to incite violence. Stressing that the core duty of journalism is to raise burning issues, which matter to society, a bench of Justice Pranjal Das quashed a 2016 FIR lodged against 'Dainik Janambhumi' journalist Kongkon Borthakur under Section 153-A [Promoting enmity between different groups…]/34 of the IPC Briefly, on November 11, 2016, Farid Islam Hazarika, President of All Assam Muslim Students' Union (AAMSU), Sivasagar, lodged the FIR against the petitioner, alleging that his report disturbed communal harmony and he was attempting to disturb the communal peace among different demographic groups For context, the report in question allegedly highlighted the issue of religious fundamentalism in the concerned area; the demographic threat posed by illegal migrants from a neighbouring country, and also some militant activities associated with such fundamentalism Challenging the FIR, the petitioner moved the HC, arguing that the publication was based on ground-level research and that the FIR did not disclose the ingredients of Section 153A IPC.The bench, at the outset, prima facie opined that the report was a result of ground research and when tested on the anvil of Section 153 A IPC, it can not be said that the petitioner-accused had intended to create enmity or incite violence between different population groups with the requisite mens rea."...upon examining the newspaper report that gave rise to the allegations in the ejahar - I find that , prima facie, the petitioner accused as a journalist has not cast aspersions on any ethnic or religious group per se," the bench remarked."Needless to say that it is the core duty of journalism to raise burning issues, which matter to society. Raising concerns about illegal migrants, religious fundamentalism, militant activities and demographic threats to the indigenous people cannot, by itself, be construed as an attempt to create enmity between groups or to incite violence," the court further added.Against this backdrop, the court found merit in the petition and allowed it, quashing the proceedings of the case in its entirety. Case title - KONGKON BORTHAKUR vs. THE STATE OF ASSAM and ANR. Case citation : 2025 LiveLaw (Gau) 39Click Here To Read/Download Order

Journalist Raising Concerns About Illegal Migrants, Religious Fundamentalism Alone Doesn't Attract Offence Of Promoting Enmity: Gauhati HC

Sparsh Upadhyay

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