Supreme Court Stays Potential Arrest of Journalists, Shashi Tharoor Over ‘Misleading’ Reports and Tweets

The Supreme Court on Tuesday stayed the arrest of Congress leader Shashi Tharoor and six senior journalists including Rajdeep Sardesai, Mrinal Pande, Zafar Agha, Paresh Nath, Anant Nath and Vinod Jose in connection with FIRs lodged against them for their alleged "misleading" tweets on the violence during the farmers' tractor rally on the Republic Day. 

A three-judge bench headed by Chief Justice of India (CJI) SA Bobde issued a notice on the petitions filed by Tharoor, Sardesai and five other journalists to quash the multiple First Information Reports (FIRs) pending against them in several states. The Bench noted that the petitions were covered by earlier decisions to protect Republic TV chief Arnab Goswami from arrest in a separate case. 

The apex court said the stay on the arrest will continue till the next date of hearing, after two weeks, and also issued notice to States and law enforcement authorities, including the Centre, Uttar Pradesh and the Delhi Police. 

The Delhi Police opposed the stay. "We will show the horrendous effect these tweets have had. These Twitter handles have lakhs of followers," Solicitor General Tushar Mehta, who was appearing for Delhi Police, said. 

Senior advocate Kapil Sibal, who was representing Tharoor, said that interim protection was needed as the Congress leader is in Delhi and the charge is serious. "The investigating agency can arrest me anytime," Sibal said. “Section 124A IPC (Sedition) has been added for their tweets [in the FIRs]... Protect them during the period of the notice,” Mr. Sibal urged the court. 

“What is the danger?” Chief Justice Bobde asked him the reason for his apprehension of arrests. 

“The investigation agency is in Delhi...” Mr. Sibal replied. 

The  bench asked Mehta, "We will hear you. But are you going to arrest him?" Mehta replied, "We know our responsibility." He assured that he will convey the assurance to other states. 

But the bench noted that Mehta was representing just the Delhi Police. "Issue notice. Stay of arrest in the meantime. List after two weeks," said the bench also comprising Justice AS Bopanna and Justice V Ramasubramanian. 

On January 30, Delhi Police had filed a case against Tharoor, Sardesai and others. 

Earlier, Tharoor and six journalists were booked by the Noida Police for alleged sedition, among other charges, over the violence during the farmers' tractor rally in Delhi, officials had said. 

Madhya Pradesh Police had also filed a case against Tharoor and the six journalists over their alleged ''misleading'' tweets on the violence during the farmers' tractor rally in Delhi. 

Tharoor and Sardesai had petitioned the top court challenging the registration of FIRs against him in several states and for quashing of the criminal cases against them. They had sought the protection of their fundamental right to free speech and expression guaranteed under Article 19(1)(a) of the Constitution. They had stated that the multiple FIRs against them were a malafide exercise that was politically motivated as the contents of the FIRs were identical. The other people who have been named in these FIRs also have reportedly approached the top court seeking similar relief.