22 Sep 2021 6:38 AM GMT
The Supreme Court on Wednesday dismissed the petitions filed by the State of Chhattisgarh challenging Chhattisgarh High Court's order staying investigation in the FIR lodged against Dr. Raman Singh, BJP National Vice President and former Chief Minister and BJP Spokesperson Sambit Patra for their tweets claiming that the Congress party has prepared a toolkit to tarnish the image of the country...
The Supreme Court on Wednesday dismissed the petitions filed by the State of Chhattisgarh challenging Chhattisgarh High Court's order staying investigation in the FIR lodged against Dr. Raman Singh, BJP National Vice President and former Chief Minister and BJP Spokesperson Sambit Patra for their tweets claiming that the Congress party has prepared a toolkit to tarnish the image of the country in the foreign media.
A Bench comprising CJI NV Ramana, Justice Surya Kant, and Justice Hima Kohli was not inclined to interfere in the two special leave petitions filed by by State of Chhattisgarh against Chhattisgarh High Court's order dated 11 June 2021.
"We dismiss this SLP. The observations may not come in the way of decision the main matter. We request the High Court to dispose of expeditiously." the Bench recorded.
The Bench indicated that when so many people have approached different courts across the country in relation to Toolkit cases, special preference cannot be given to this case.
At the outset, the Bench observed that the the High Court should decide the present matter.
Senior Advocate Abhishek Manu Singhvi, appearing for State of Chhattisgarh, however stressed on the need to have a genuine hearing by the High Court, considering the observations that have been made by the Court in the impugned order.
"What will High court decide, at this stage look at the observations. Even if I go to High Court I should have a genuine hearing." Mr Singhi said.
Referring to the High Court's order, Mr Singhvi submitted that "It says the Petitioner is a political person, so if he's a political person you give these findings straight away? They have said no case is made out. Now what is left for me to go back for?"
"Don't waste your energies, we are not inclined to interfere. Let the High Court decide. We will take out that observation." the Bench said.
The FIR against Dr Raman Singh and Sambit Patra was lodged under Sections 504 (Intentional insult with intent to provoke breach of the peace), 505(1)(b) and 505(1)(c) (Statements conducing to public mischief), 469 (Forgery for purpose of harming reputation) and 188 (Disobedience to order duly promulgated by public servant) of IPC at the instance of one Akash Sharma, State President of National Student Union of India (NSUI), Chhattisgarh.
The High Court in its impugned order held that the FIR dated May 19, 2021, has been lodged by a political person with political motives.
"Prima facie, no case is made out against the petitioner and criminal proceedings are manifestly attended against the petitioner with malafides or with political grudge," it observed while staying the investigation.
A Single Bench of Justice Narendra Kumar Vyas had observed that the FIR has been lodged by the police without examining the truthfulness of the complaint and no case is made out from the face of the FIR. Hence, continuation of investigation on basis of impugned FIR will be nothing but an abuse of process of law.
"If we see the face value of the F.I.R. no offence under Sections 504, 505(1)(b) and 505(1)(c) of IPC is made out as the averments of the F.I.R reflect that by the Tweet of the petitioner, congress men are aggravated which clearly indicates that no public peace or tranquility is being adversely affected and it is purely political rivalry between two political parties. This, prima facie, establishes that present F.I.R has been registered with political motives," the Court held.
Case Titles: State of Chhattisgarh vs Raman Singh and Anr & State Of Chhattisgarh vs Sambit Patra & Ors
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