Telangana High Court

Mohd. Abdul Mujahid vs The State Of Telangana on 10 October, 2023

Bench: K.Surender

        THE HONOURABLE SRI JUSTICE K.SURENDER

             CRIMINAL PETITION No.2392 OF 2021

ORDER:

1. This Criminal Petition is filed by the petitioner/Accused to

quash the proceedings against him in C.C.No.1590 of 2020 on the

file of I Additional Judicial Magistrate of First Class, Jagtial.

2. The case of the prosecution is that the National Statistical

Office (erstwhile NSSO) and Minister of Statistics & Programme

implementation was responsible for conducting large scale sample

surveys across India on different schemes viz., Socio Economic

Surveys Employment and Unemployment surveys, agricultural

surveys, Industrial Surveys, Urban Frame surveys etc., since

1950. The Government of India addressed a letter to all the Chief

Secretaries about the survey and in response, the Director

General of Police, Telangana State, Hyderabad has addressed a

letter to all the Superintendent of Police of Telangana for

necessary action in completion of survey. As a part of official

duties, on 28.12.2019, a field Investigator Sri V.Aneel Kumar

bearing ID card No.F1/28210005 visited house hold of Puranipet

area, Jagtial town to collect information as required under Urban

Frame Survey, which was started in the town from 05.12.2019.

During which, the petitioner/ news contributor for Rojnaam

Siyasat Urdu Daily news paper has interacted with the field

Investigator obtained detailed information about the Urban Frame

Survey and demanded to provide the identity card and other

documents from the field Investigator. The petitioner further took

all the details of survey to publish a favourable news item on this

Urban Frame Survey in Siyasath Urdu daily news paper for the

benefit of Urdu knowing persons and which will amply help in

speedy and smooth completion of survey.

3. However, an adverse news item was published on

29.12.2019 in Rojnama Siyasath Urdu Daily news paper against

ongoing Urban Frame Survey, with wrong interpretation and

without verifying the facts. The publication resulted in

spreading unwanted suspicion among the common people and

has caused damage to the Government survey.

4. The translation of Urdu news which was contributed by the

petitioner and published is as follows:

"Family Surveys have started Self-Made-Investigator active in Jagtial, Muslims beware Jagtial 28th December (Siasat District News): CAA, NRC and NPR are being opposed in the whole country. In these circumstances self-made investigators reaching to every house posing themselves as representatives of Ministry of Satistics and Programme, Government of India. Their identity cards will be hanging from their necks, and they will get all details from

every house. They will enquire your house number and all its residents, their culture. Government of India has never gave information of any such family survey. There is no news of any such survey.

As a Journalist I asked them if they have any Authority Letter from Govt. of India to do so. They showed their Identity Card on which layout of India, Department of Statistics and Programme, was written Down between National Statistical Office (Field Operation) was written. There was no office address. On asking, he said he belongs to Apella Pharmacy Jyotinagar, Opposite to Karimagar. He is Anil Kumar, Field Investigator, on asking Office Phone Number and responsible person, ,he said they were busy always and advised me to go to office and enquire a question about permission, he said that he was conducting survey by permission of DGC. He failed to show permission letter. In answer to different question he said his all phone number is 9666556620.

On seeing the laptop in his hand, there were photos of houses, house members and family details were writing this man had not authority letter from Government. These selfmade investigators are collecting details of Muslims. Beware of such person don't give them any details. These persons need action against them."

5. On the basis of a complaint, police investigated the case.

Since the news resulted in spreading unwanted suspicion among

common people, which resulted in damage to the Government, an

offence under Section 505(2) of IPC was made out and

accordingly, charge sheet was filed.

6. Learned counsel appearing for the petitioner would submit

that Section 505(2) IPC has no application in the present facts. If

the respondent is aggrieved, he can file defamation and cannot

prosecute under Section 505(2) of IPC since none of the

ingredients of said Section are made out.

7. Counsel further argued that to attract an offence under

Section 505(2) IPC, there should be publication or circulation

identifying two groups or classes, two different religions or

communities etc., failing which, the offence is not attracted. In

support of his contention, he relied on the judgment of Andhra

Pradesh High Court in the case of Kantamaneni Ravishanker v.

State of Andhra Pradesh 1, wherein it is held as follows:

"64.The common feature in both sections being promotion of feeling of enmity, hatred or ill-will "between different" religious or racial or language or regional groups or castes and communities it is necessary that atleast two such groups or communities should be involved. Merely inciting the feeling of one community or group without any reference to any other community or group cannot attract either of the two sections. Finally, the Apex Court observed that the appellant therein who has not done anything as against any religious, racial or linguistic or regional group or community cannot be held guilty of either the offence under Section 153- A or under Section 505(2) of IPC."

8. For the sake of convenience, Section 505 of IPC is extracted

hereunder:

1[505. Statements conducing to public mischief.--2[(1)] Whoever makes, publishes or

circulates

any statement, rumour or report,--

(a) with intent to cause, or which is likely to cause, any officer, soldier, 3[sailor or airman] in the Army, 4[Navy or Air Force] 5[of India] to mutiny or otherwise disregard or fail in his duty as such; or

(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or

2021 (1) ALD (Crl.) 306 (AP)

against the public tranquility; or (c ) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment which may extend to 6[three years], or with fine, or with both. 7[(2) Statements creating or promoting enmity, hatred or ill-will between classes.--Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (3) Offence under sub-section (2) committed in place of worship, etc.--Whoever commits an offence specified in sub-section (2) in any place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]

Exception --It does not amount to an offence, within the meaning of this section when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it 8[in good faith and] without any such intent as aforesaid.]"

9. As seen from the publication, he has stated that CAA

(Citizenship Amendment Act), NRC (National Register of Citizens),

NPR (National Population Register) were opposed in the whole

country. In the said circumstances, certain investigators were

reaching every house posing themselves as representative of

Ministry of Statistics Programme, Government of India. However,

after naming LW2, Aneel Kumar, it is also mentioned that people

should be aware of such persons and details should not be given.

There is every likely hood of causing alarm in muslim community

due to the publication and the said Aneel kumar who was

discharging his duties, being assaulted.

10. The said act of publishing the article and contents therein,