On the 21st of April 2023, a Supreme Court bench headed by CJI DY Chandrachud and Justice PS Narasimha granted 4 weeks of protection to OpIndia editor-in-chief Nupur J Sharma and CEO Rahul Roushan in the FIR filed against them by the Tamil Nadu police. The Supreme Court bench said that they cannot quash the FIR, since that is the domain of the High Court but will protect the petitioner from any coercive action by the Tamil Nadu police.
Nupur J Sharma and Rahul Roushan were represented by Mr Mahesh Jethmalani and Ravi Sharma. Their request for quashing of the FIRs under Section 32 was denied by CJI Chandrachud. The CJI then asked the petitioners to approach Madras High Court under Section 482.
While denying the request for hearing the matter for quashing the FIR, Justice Chandrachud said that under the law, it would not be appropriate if the Supreme Court directly quashes the FIR, however, he will protect the petitioner.
Further, when Mr Jethmalani requested the Court to direct Tamil Nadu police to conduct questioning over video conference if the need arises, given that Rahul Roushan is suffering from COVID and Nupur J Sharma has a 6-year-old child and is unable to travel, the CJI said that he has already granted protection from coercive action. He further joked that given the CEO has COVID, the police themselves would be scared to call him in for questioning and therefore, the petitioners should not worry.
The Editor-in-Chief took to Twitter to thank her lawyers and said that OpIndia would follow due process of the law and ensure this malicious prosecution by the Tamil Nadu govt is thwarted.
I would like to profusely thank @JethmalaniM ji and @RaviSharmaTalks for representing us in this case, pro bono. Their faith, support and counsel give us the strength and courage to carry on without fear of such malicious prosecution.
— Nupur J Sharma (@UnSubtleDesi) April 21, 2023
What is the FIR about
Earlier in April, the Tamil Nadu police filed an FIR against Nupur J Sharma and Rahul Roushan for an OpIndia report that covered the allegations made by the daily Dainik Bhaskar about Bihari migrant workers being attacked in Tamil Nadu. The report by OpIndia carried the allegations by Bhaskar, the statement of the Bihar CM (Nitish Kumar) and the statement of the Tamil Nadu police.
Based on the complaint of one Mr Suryaprakash, who is a DMK leader and part of the IT Cell, the Tamil Nadu police filed an FIR under sections 153-A, 501, and 505 of the IPC.
