The Gauhati High Court has held that a journalist raising concerns about issues such as illegal migration, religious fundamentalism, militant activities, and demographic threats to indigenous people cannot, by itself, be treated as an attempt to promote enmity between groups or incite violence.
Quashing a 2016 FIR lodged against Dainik Janambhumi journalist Kongkon Borthakur, Justice Pranjal Das emphasized that journalism’s core duty is to highlight pressing issues of societal relevance.
The FIR had been filed on November 11, 2016, by Farid Islam Hazarika, President of the All Assam Muslim Students' Union (AAMSU), Sivasagar, alleging that Borthakur’s report disturbed communal harmony and sought to create division among demographic groups. The news report in question had flagged concerns relating to religious fundamentalism in the area, demographic challenges posed by illegal migration from a neighbouring country, and certain militant activities linked to fundamentalist elements.
Challenging the FIR, Borthakur argued before the High Court that his report was based on ground-level research and that the allegations did not satisfy the ingredients of Section 153A IPC (promoting enmity between groups). The Court agreed, observing that the publication, when examined objectively, did not reflect any intent to create hostility or incite violence between communities, nor was the requisite mens rea present.
“Upon examining the newspaper report that gave rise to the allegations in the ejahar, I find that, prima facie, the petitioner-accused as a journalist has not cast aspersions on any ethnic or religious group per se,” the bench noted. It added: “Raising concerns about illegal migrants, religious fundamentalism, militant activities, and demographic threats to the indigenous people cannot, by itself, be construed as an attempt to create enmity between groups or to incite violence.”
Finding merit in the plea, the High Court quashed the proceedings in their entirety.
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