Allahabad High Court Quashes Summoning Order Against "India Today" Editors

Court Upholds Freedom of Speech, Dismisses Charges Under Sections 153 and 153A of IPC 

In a significant ruling, the Allahabad High Court has quashed the summoning order against Prabhu Chawla, Editor, and other editorial staff of "India Today" magazine. The order was originally issued by the Special Judicial Magistrate, CBI, Lucknow, under Sections 153 and 153A of the Indian Penal Code (IPC), which pertain to promoting enmity between different groups and communities.

The legal proceedings were initiated following the publication of an article in "India Today" that highlighted the grim issues of child labor and sexual exploitation in various parts of India. The article, titled "Girls for Sale" and "Ladkiyo Ki Mandi" in its Hindi edition, brought attention to how economically challenged families are misled into sending their young daughters abroad under false pretenses, only for them to be exploited.

Counsel for the applicants, Nadeem Murtaza, argued that the article was published in public interest, aiming to shed light on severe social issues without any intention to incite enmity or hatred between communities. The High Court, presided over by Justice Brij Raj Singh, agreed with this view, noting that the publication did not promote disharmony or enmity between different communities.

The court highlighted the importance of freedom of speech and expression as enshrined under Article 19(1)(a) of the Indian Constitution, stating that the magazine's intent was to inform the public and the authorities about the plight of exploited minors. The judgment referenced several past decisions, including "Manzar Sayeed Khan v. State of Maharashtra" and "Ramesh v. Union of India," reinforcing the principle that the intention to promote enmity or hatred is a necessary component for conviction under Section 153A of IPC.

The court observed that the unrest mentioned in the article concerning the Bediya community did not equate to promoting disharmony between communities. As such, it concluded that the original summoning order lacked merit, leading to its dismissal alongside the quashing of all related criminal proceedings.

This decision reaffirms the judiciary's role in upholding the constitutional right to free speech, especially when it concerns matters of public interest. The ruling serves as a reminder of the delicate balance between exercising freedom of expression and maintaining public harmony.

Bottom Line:

Freedom of speech and expression under Article 19(1)(a) of the Constitution of India ensures that a citizen has the right to publish facts and highlight issues in public interest, as long as they do not promote enmity or hatred between different communities or groups.

Statutory provision(s): Constitution of India - Article 19(1)(a), Indian Penal Code - Sections 153, 153A, Criminal Procedure Code - Section 482

Prabhu Chawla v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2801254