New
Delhi:
The Supreme Court today barred any agency from arresting Congress MP Shashi
Tharoor and six journalists in cases relating to their tweets in connection
with the Republic Day tractor rally violence in New Delhi. The cases will be
taken up for hearing two weeks later, the court said.
While
Solicitor General Tushar Mehta, appearing for the Delhi police, opposed any
relief and wanted the case to be adjourned to tomorrow, defence counsel Kapil
Sibal sought an order saying "no coercive action till the Supreme Court
takes up the case".
"We
are issuing notice...nothing is going to happen," the three-judge bench of
Chief Justice Sharad A Bobde and Justices AS Bopanna and V Ramasubramanian
said. It was hearing petitions filed by Mr Tharoor, along with those of
journalists Rajdeep Sardesai, Mrinal Pande, Zafar Agha, Vinod K Jose, Paresh
Nath, and Anant Nath, seeking the quashing of police cases against them.
All
were charged for their tweets under laws related to sedition, promotion of
enmity, and criminal conspiracy. They had been accused of posting false,
misleading posts accusing the Delhi police of killing a farmer during the
tractor rally in the national capital on Republic Day.
First
information reports have been filed against them in five states: Delhi, Uttar
Pradesh, Madhya Pradesh, Haryana, and Karnataka. The court has issued notices
all these states, apart from the Centre itself on this matter.
"The
journalists have been specifically targeted for reporting the accounts
pertaining to the death of one of the protestors on their personal social media
handles as well as those of the publications they lead and represent. It must
be noted that on the day of the protest and high action, several reports were
emerging from eyewitnesses on the ground as well as from the police, and
therefore it was only natural for journalists to report all the details as they
emerged. This is in line with established norms of journalistic practice,"
the Editors Guild had said in a statement on the cases filed against them.
On
January 26, thousands of protesting farmers clashed with the police during the
tractor rally in protest against new farm laws. Hundreds of protesters had
entered the Red Fort and clashed with the police.
Addressing
the court today, Solicitor General Tushar Mehta said, "These tweets had
horrendous effects on the Republic Day."
Mr
Sibal, on his part, said the defendants did not want "coerceive
action." To a query from the bench as to "where was the danger"
of such action, he replied: "Investigative agencies are in Delhi. May
arrest them."
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