Gujarat HC quashes sediton case against journalist for writing speculative report

The Gujarat High Court quashed the sedition case filed against a 32-year-old journalist after he tendered an apology in the court for writing a speculative report suggesting a "change of guard" in the state in view of the government's failure in handling the coronavirus pandemic. While giving him relief, the court "cautioned" the journalist to refrain from publishing articles against any 'constitutional functionaries" without verification.

The high court judge R P Dholaria allowed the petition of journalist Dhaval Patel who had sought to quash the FIR through advocate Anand Yagnik. In the order, Justice Dholaria has stated that since Patel is a young journalist who has already tendered an apology, "the court is of the considered opinion that interest of justice would be served if the present proceedings/FIR are quashed."

The order also mentions the apology submitted by the journalist in the court which read, "I tender my unconditional apology for the allegedly offending article published by me in my web portal 'Face of the Nation' based on which the impugned FIR has been registered against me. My unconditional apology is without prejudice and without admission of any guilt."

The court accepted the apology and ordered to quash the FIR.

Justice Dholaria has also cautioned the journalist that, "as and when he may publish an article in future, no such comments are used against any constitutional functionaries without verification and he shall be cautious of not repeating the same."

On May 7, Patel ran a news story on this web portal titled, “Mansukh Mandaviya called by high command, chances of a change of guard in Gujarat."

Mandaviya is a Rajya Sabha MP and a union minister of state for shipping, chemicals, and fertilisers. The news report had also alleged that Vijay Rupani led state government had failed in containing the virus and therefore, he could be replaced.

Following this report, the Detection of Crime Branch (DCB), Ahmedabad booked Patel for sedition and was arrested on May 13. After spending a day in police custody, he was sent to Sabarmati Central Jail in judicial custody. On May 27, he was granted bail by the sessions court which held that prima facie no serious offence was made out against the journalist.