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Allahabad High Court on Thursday sought State Government's reply on a plea filed by the Foundation for Independent Journalism and two Journalists, Seraj Ali and Mukul Singh Chauhan seeking to quash FIR registered against them for their video report on Gareeb Nawaz Masjid Demolition of May 17, 2021, published by news portal "The Wire".

The Division Bench of Justice Ramesh Singh and Justice Saroj Yadav directed Uttar Pradesh Government to file their counter before the next date of hearing, i.e. October 21.

UP police has registered an FIR on June 24, against 5 persons also including two locals of Barabanki, namely Mohammad Anees, secretary of the mosque committee, and Mohammad Naeem, in relation said video report under Sections 153 (malignantly or wantonly provoke rioting), 153-A (promote enmity between different groups), 505 (1)(b) (circulating any statement or report with the intent to cause fear or alarm to the public), 120-B, 34 of IPC.

The petitioners argued before the court that the said demolition was already reported by multiple media houses much before their video report got published. They submitted that their video was published on June 22, more than a month later when the incident took place.
 
"The factum of demolition and the allegations made in The Wire’s video were already reported by several news media organizations a  month earlier itself, and the same were not refuted by the  State," they said. 

Therefore, they pleaded that there is no basis for the police to claim that the allegations made in the  Wire’s video by the interviewees are false/unverified or that there was any tendency to create public disorder.

"...the Petitioners do not assert the truthfulness of the allegations being made by the interviewees, ie., the mosque committee members and local residents, regarding the demolition, their holy books, prayer mats lying in the rubble/water, etc (which were anyway in the public domain) and the Petitioner No.s 2 and 3 also contacted the SDM to publish the State’s side of the story but the SDM said he did not know anything about the incident," their plea reads.

Petitioners insisted that by any stretch, allegations made against the police in the said video news report do not amount to promotion of feeling of enmity/hatred/ill-will between different religious, racial,  linguistic,  regional groups or and communities.  

They argued "The  ‘police’  do not constitute a religious/  racial/  linguistic/  regional group or community and do not fall within any of these categories mentioned in  Section  153-A  IPC.  The  offence  under  Section  153-A  IPC  is  clearly not made out."  

Thus, upon averments made by the petitioners, Court sought State's reply. 

In the said video report, the accused journalists were seen speaking to the two accused locals. As per the FIR, which was lodged on the basis of a complaint filed by one Mahendra Singh, the Journalists, intentionally, to spread 'animosity in society' and 'disturb communal harmony, uploaded the video on Twitter regarding the legal demolition of an 'illegal building" (mosque).

Senior Advocate I.B. Singh and Advocate Surangama Sharma appeared for the petitioners.

It is to be mentioned here that earlier, the petitioners have also moved  Apex Court seeking quashing of this and two other FIRs registered against the Wire and its employees in  UP. However, Supreme Court on September 8,  declined to quash the FIRs permitting petitioners to withdraw their petition. Court said that to entertain the matter directly will open a "Pandora's Box" and asked the petitioners to approach the High Court for quashing the FIRs.

Case Title: Foundation for Independent Journalism v. State of UP