Thread by @VakashaS

Cannot understand this.

FIR is against @thewire_in for a story about how the UP Govt initially was going to keep the Ram Navmi celebrations in Ayodhya continue.

ANI says it's for dissemination of fake news, but FIR doesn't say article was false per se.

1/n

https://twitter.com/ANI/status/1245363583791312902

FIR is registered under Sections 188 and 505(2) of the IPC.

Section 188 is about disobedience of an order by a public servant.

How can an article like this be a violation of Section 188 - which Section 144 CrPC order prohibits publication of a news article?!?!

2/n

Section 505(2) punishes making a report/statement "containing a rumour or alarming news" - and here comes the important part - with intent to create (or likely to) hatred or enmity "between different religious, racial, language or regional groups or castes or communities"

3/n

How are either of these two provisions attracted?

If report is false, Section 505(2) *could* apply, but the intent/communal angle won't be satisfied if it's a mere error.

In the 1962 Kedar Nath case, SC said Section 505 requires effect on security of State/public order.

4/n

Link to judgment: indiankanoon.org/doc/111867/

Links to news reports from multiple media organisations about Yogi attending the Ram Lalla ceremony after PM's lockdown announcement:

news.abplive.com/videos/news/cm…
thehindu.com/news/national/…
ndtv.com/india-news/ayo…

5/n

Links to news reports about rhe Ram Navmi celebrations and mela to continue despite the coronavirus scare:

m.republicworld.com/india-news/law… (yes, Republic also reported this)

deccanherald.com/national/north…

theprint.in/india/governan…

6/n

FIR specifically references a para from The Wire article which mentions these 2 things, which are a matter of record.

How can reporting them be a violation of Section 188 or 505(2)?

If they're factually incorrect, then why not an FIR against EVERYONE who reported them?

7/n

What suddenly changed on 1 April 2020 that made mentioning these on-record incidents a criminal offence?

The only thing that has changed since original reports is the Supreme Court order from 31 March.

main.sci.gov.in/supremecourt/2…

8/n

But that only talks about fake news re Coronavirus, says media has to refer to/publish official govt version on developments (even that doesn't say only govt line to be published).

It certainly doesn't make it illegal to report unflattering news about a Chief Minister.

9/n

So what crime has @thewire_in committed here? How is anything it said untrue? How does it violate a government order? How does it create enmity/hatred among communities?

Cannot see how Allahabad HC won't quash this.

The FIR contents are placed below again, for reference.

10/10

Origins of the Controversy:

Original version of @thewire_in article attributed this quote about Ram protecting from corona to Yogi, and not Acharya Paramhans.

The FIR doesn't mention this (see above).

But even if it had, 505(2) offence not made out. Definitely not 188.

11/11