Shashi Tharoor and six journalists were booked for their ''misleading'' tweets on the violence during the farmers' tractor rally in Delhi.
Congress MP Shashi Tharoor. File pic
The Supreme Court on Tuesday stayed the arrest of Congress MP Shashi Tharoor and six journalists who have been charged with sedition. Solicitor General Tushar Mehta, representing the Delhi Police, contended before a bench headed by Chief Justice S.A. Bobde that tweets published by Tharoor and others had a horrendous effect and insisted that he could bring on record material to establish this.
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Senior advocate Kapil Sibal, appearing for the petitioner, submitted before the bench, "What prejudice will be caused if protection from the arrest is given to the petitioners". He cited that sedition has also been added.
The counsel for petitioner argued: "What have they done to get charged with sedition?"
Mehta opposed this argument saying that wrong tweets and reporting about a farmer being shot dead when he died of accidental injuries, had an horrendous impact during the violence.
Mukul Rohatgi, representing The Caravan magazine, said that the client has already withdrawn the tweet and put out a correct version, yet FIRs have been lodged against the journalists. Rohatgi insisted that his client has not hurt any religious sentiments.
The bench noted that petitioners will not be arrested till the next date of hearing.
Mehta, who was appearing for the Delhi Police, assured the court that these accused will not be arrested till next date.
The top court reiterated that all the petitioners should be protected from arrest till next hearing. Mehta said he cannot give assurance on behalf of other state governments.
Madhya Pradesh police had filed an FIR against Tharoor and six journalists over their ''misleading'' tweets on the violence during the farmers' tractor rally in Delhi. The FIR was registered in Bhopal after a complaint lodged by one Sanjay Raghuwanshi.
The journalists named in the FIR are Mrinal Pande, Rajdeep Sardesai, Vinod Jose, Zafar Agha, Paresh Nath and Anant Nath.
The case against them was registered under IPC sections 153 A (promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc), 153 a (1) b (any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups and which disturb or are likely to disturb public tranquility) and 505 (2) (statements creating or promoting enmity, hatred or ill-will between classes).
Meanwhile, Delhi Police had filed a case against Tharoor, Sardesai, The Caravan and others. Earlier, Tharoor and six journalists were booked by the Noida Police for sedition, among other charges.
Tharoor and Sardesai had moved the Supreme Court against multiple FIRs registered against them. Journalists Mrinal Pande, Zafar Agha, Paresh Nath and Anant Nath had also approached the top court
On January 26, thousands of protesting farmers clashed with police during the tractor rally called by farmers unions to highlight their demand for repeal of the Centre's three farm laws.
Many protesters reached the Red Fort and entered the monument. Some even hoisted religious flags on its domes and the flagstaff at the ramparts, where the national flag is unfurled by the prime minister on Independence Day.
(With inputs from agencies)
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