Gauhati HC quashes FIR over Kamakhya remarks, cites no intent to promote enmity

Guwahati, Oct 23: The Gauhati High Court has set aside and quashed an FIR registered by the Crime branch of Assam Police against TV anchor Akansha Swarup over alleged remarks on Kamakhya temple.

It was stated in the FIR that the false narration was further supported by the interviewee, the cousin of deceased Raja Raghuvanshi, who also said that human sacrifice is being practiced at Kamakhya Temple and that she knows it. Raja was murdered by his wife and her accomplice in Meghalaya, in an incident that had created a nationwide sensation.

A case under Sections 196(2), 299 and 302 of BNS was registered against Swarup by Assam Police.

Appearing for the petitioner, senior counsel KN Choudhury submitted that Swarup, by putting those statements had not stated her mind or her opinion. She stated about what she heard from the relatives of the deceased person as the word used is “they”.

As such, he submitted that there was no comment on the part of the petitioner regarding human sacrifice at Kamakhya from her own side and that no offence is made out be it under the BNS Sections.

The senior counsel also submitted that immediately after the show, the news channel had expressed apology by stating that the petitioner had referred “human sacrifice” erroneously at the holy Kamakhya Temple and that there was a complete error of judgment and further that they had deleted all the comments from their platforms.

“By reading the contents of the FIR as well as the question and answer in the interview, no prudent person can come to a conclusion that the questions put by the petitioner and the answers given by the relative of the deceased person as well as the contents of the FIR was with the object of creating enmity between groups or any attempt to promote enmity, disharmony between any kind of groups,” the high court observed.

“It will not be out of context to however mention herein that the said statements were utterly not required in the facts of the case and the same were totally careless on the part of the petitioner as well as the interviewee. Statements made in public forum should be well thought of. The petitioner as such is constrained not to make any such statement in near future before any forum much less public media at any point of time without any authority and validation,” the court, however, cautioned the journalist.

By Staff Reporter