# NAVIKA KUMAR v. UNION OF INDIA & OTHERS

- **Citation:** [2022] 16 S.C.R. 182
- **Court:** Supreme Court of India
- **Decided:** 2022-09-23
- **Bench:** M. R. Shah, Krishna Murari
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/navika-kumar-v-union-of-india-others-35597
- **Pages:** 6

## Headnote

Constitution of India: Art 32 - Writ of Certiorari - Petitioner
was the anchor of Newshour Debate (debate) telecasted on Times
Now - Various FIRs/criminal complaints filed against the petitioner
in relation to the debate telecasted on 26.05.2022 - Petitioner prayed
for quashing the FIRs/complaints described in the instant writ
petition or any other FIR/criminal complaint that may be instituted
in future arising out of the same incident - Petitioner also prayed
that the various FIR/Complaints be clubbed together - Held: Taking
into consideration the order passed by this court at earlier occasion
in the case of co-accused, all FIRs/complaints against the petitioner
are directed to be transferred to the IFSO unit of Delhi Police -
IFSO unit of Delhi Police shall be at liberty to collect and gather
any information from the concerned State agencies for the purpose
of conducting a thorough investigation - No coercive action shall
be taken against the petitioner in FIRs/complaints already lodged
or that may be lodged in future pertaining to the debate for a period
of eight weeks from the date of judgment so as to enable the petitioner
to approach the concerned Court for appropriate relief - The
investigation of any subsequent FIRs/complaints which are registered
in future in respect of the debate shall stand transferred to IFSO
unit of Delhi police - With respect to quashing of FIR/complaint,
the petitioner is at liberty to pursue such prayer by approaching
the High Court u/Art.226 or s.482 of Code - Writ petition disposed
of - Code of Criminal Procedure - s.482.
CRIMINAL ORIGINAL JURISDICTION: Writ Petition
(Criminal) No. 286 of 2022.
Under Article 32 of The Constitution of India
Maninder Singh, Neeraj Kishan Kaul, Sr. Advs., Ms. Ruby Singh
Ahuja, Ms. Meenakshi Grover, Pawan Noray, Varun Khanna, Ms. Kritika
[2022] 16 S.C.R. 182
182
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Sachdeva, Lakshya Khanna, Dhruv Sharma, Raghav Agrawal, Jappan
Preet Hora, Prabhas Bajaj, Ms. Ashita Chawla, Ajay Sabharwal, Pranav
Saigal, Raghav Tewari, Navneet R., M/S. Karanjawala & Co., Advs.
for the Petitioner.
Tushar Mehta, SG, K. M. Nataraj, ASG, Ms. Swati Ghildiyal, Kanu
Agarwal, Navanjay Mahapatra, Ms. Rooh-e-Hina Dua, Ms. Neela Kedar
Gokhale, Shailesh Madiyal, Nakul Chengappa K.K., Harshit Khanduja,
Kanishak Bunderwal, G S Makker, A.K. Sharma, Ms. Astha Sharma,
Ravinder Singh, Ms. Raveesha Gupta, Ms. Mantika Haryani, Shreyas
Awasthi, M/s. Plr Chambers and Co., Ms. Taruna Ardhendumauli Prasad,
Ms. Shreya Srivastava, Ms. Ananya Sahu, Aman Singh Bhadauria, Advs.
for the Respondents.

## Text

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SUPREME COURT REPORTS
[2022] 16 S.C.R.
NAVIKA KUMAR
v.
UNION OF INDIA & OTHERS
(Writ Petition (criminal) No. 286 of 2022)
SEPTEMBER 23, 2022
[M. R. SHAH AND KRISHNA MURARI, JJ.]
Constitution of India: Art 32 - Writ of Certiorari - Petitioner
was the anchor of Newshour Debate (debate) telecasted on Times
Now - Various FIRs/criminal complaints filed against the petitioner
in relation to the debate telecasted on 26.05.2022 - Petitioner prayed
for quashing the FIRs/complaints described in the instant writ
petition or any other FIR/criminal complaint that may be instituted
in future arising out of the same incident - Petitioner also prayed
that the various FIR/Complaints be clubbed together - Held: Taking
into consideration the order passed by this court at earlier occasion
in the case of co-accused, all FIRs/complaints against the petitioner
are directed to be transferred to the IFSO unit of Delhi Police -
IFSO unit of Delhi Police shall be at liberty to collect and gather
any information from the concerned State agencies for the purpose
of conducting a thorough investigation - No coercive action shall
be taken against the petitioner in FIRs/complaints already lodged
or that may be lodged in future pertaining to the debate for a period
of eight weeks from the date of judgment so as to enable the petitioner
to approach the concerned Court for appropriate relief - The
investigation of any subsequent FIRs/complaints which are registered
in future in respect of the debate shall stand transferred to IFSO
unit of Delhi police - With respect to quashing of FIR/complaint,
the petitioner is at liberty to pursue such prayer by approaching
the High Court u/Art.226 or s.482 of Code - Writ petition disposed
of - Code of Criminal Procedure - s.482.
CRIMINAL ORIGINAL JURISDICTION: Writ Petition
(Criminal) No. 286 of 2022.
Under Article 32 of The Constitution of India
Maninder Singh, Neeraj Kishan Kaul, Sr. Advs., Ms. Ruby Singh
Ahuja, Ms. Meenakshi Grover, Pawan Noray, Varun Khanna, Ms. Kritika
[2022] 16 S.C.R. 182
182
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B
C
D
E
F
G
H
183
Sachdeva, Lakshya Khanna, Dhruv Sharma, Raghav Agrawal, Jappan
Preet Hora, Prabhas Bajaj, Ms. Ashita Chawla, Ajay Sabharwal, Pranav
Saigal, Raghav Tewari, Navneet R., M/S. Karanjawala & Co., Advs.
for the Petitioner.
Tushar Mehta, SG, K. M. Nataraj, ASG, Ms. Swati Ghildiyal, Kanu
Agarwal, Navanjay Mahapatra, Ms. Rooh-e-Hina Dua, Ms. Neela Kedar
Gokhale, Shailesh Madiyal, Nakul Chengappa K.K., Harshit Khanduja,
Kanishak Bunderwal, G S Makker, A.K. Sharma, Ms. Astha Sharma,
Ravinder Singh, Ms. Raveesha Gupta, Ms. Mantika Haryani, Shreyas
Awasthi, M/s. Plr Chambers and Co., Ms. Taruna Ardhendumauli Prasad,
Ms. Shreya Srivastava, Ms. Ananya Sahu, Aman Singh Bhadauria, Advs.
for the Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. By way of this petition filed under Article 32 of the Constitution
of India, the petitioner has prayed for the following substantive reliefs,
(a) Issue an appropriate writ, order or direction in the nature of
certiorari quashing the Impugned FIRs/Complaints described in
paragraph 17 of the present Petition or any other FIR/Criminal
Complaint filed or inquiry or investigation instituted or to be instituted
in the future in relation to the Petitioner arising out of the same
incident/occurrence, i.e., the Newshour Debate telecasted on
Times Now on 26.05.2022;
(b) Alternatively, issue an appropriate writ, order or direction in
the nature of transfer and club all FIRs including the Impugned
FIRs/Criminal Complaints described in paragraph 17, and any other
FIR/Criminal Complaint filed or inquiry or investigation instituted
or to be instituted in the future in relation to the Petitioner arising
out of same incident/ occurrence, i.e., the Newshour Debate
telecasted on Times Now on 26.05.2022 with FIR No. 130 of
2022 registered by the Special Cell, Delhi Police i.e. the first
reported FIR in relation to the said incident/occurrence;
(c) Issue an appropriate writ, order or direction in the nature of
mandamus restraining Respondents and/or any other authority to
take any coercive steps pursuant to the Impugned FIRs/Criminal
Complaints described in paragraph 17 of the present Petition or
NAVIKA KUMAR v. UNION OF INDIA & OTHERS
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SUPREME COURT REPORTS
[2022] 16 S.C.R.
any other FIR/Criminal Complaint filed or inquiry or investigation
instituted or to be instituted in the future in relation to the Petitioner
arising out of same incident/occurrence, i.e., the Newshour Debate
telecasted on Times Now on 26.05.2022;
(d) Issue a writ of mandamus or any other writ of appropriate
nature to the effect that no cognizance of any complaint would be
taken by any court nor any FIR registered by the police in relation
to or arising out of the same incident/ occurrence i.e., the
Newshour Debate Telecasted on Times Now on 26.05.2022.
(e) Allow the Petitioner to amend the present Writ Petition in the
event that any other FIR is registered on the same cause of action
in future
with respect to the various FIRs/criminal complaints filed against
the petitioner in different police stations in different States in relation to
the incident/occurrence - Newshour Debate telecasted on Times Now
on 26.05.2002.
2. The particulars of different FIRs/criminal complaints filed
against the petitioner, of which the reliefs are sought in the present petition,
are as under:
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2.1 It is also submitted that apart from the aforesaid FIRs/
complaints, two more FIRs have been filed against the petitioner, details
of which are given below, which are not the part of the present writ
petition:
3. It is the case on behalf of the petitioner, who at the relevant
time was the anchor who conducted the Newshour Debate telecasted
on Times Now on 26.05.2022, that with respect to the aforesaid FIRs/
criminal complaints in case of another co-accused - Nupur Sharma, this
Court vide order dated 10.08.2022 in Miscellaneous Application No.
1238/2022 in Writ Petition (Criminal) No. 239/2022 has transferred the
respective FIRs/complaints to IFSO Unit of Delhi Police for the purpose
of investigation. Therefore, it is the case on behalf of the petitioner that
similar order may be passed in case of the petitioner also who is the coaccused in the transferred FIRs/complaints as there cannot be two
investigating agencies with respect to same FIRs/complaints.
4. Shri Tushar Mehta, learned Solicitor General of India appearing
for the Union of India and also appearing on behalf of the Government
of NCT of Delhi, State of Maharashtra, and Union Territory of Jammu
& Kashmir and Shri Ravinder Singh, learned counsel appearing on behalf
of the State of West Bengal are not in a position to dispute the above
fact that the same FIRs/complaints in which the petitioner is also a coaccused are transferred to IFSO Unit of Delhi Police.
5. We have heard learned counsel for the respective parties and
considered the order passed by this Court dated 10.08.2022 in
Miscellaneous Application No. 1238/2022 in Writ Petition (Criminal) No.
239/2022 by which with respect to the aforesaid FIRs/complaints except
two FIRs arising out of the same incident/occurrence, namely, Newshour
Debate telecasted on times Now on 26.05.2022, the investigation/s is/
are transferred to IFSO unit of Delhi Police. The FIRs/complaints which
are transferred to IFSO unit of Delhi Police, in which the petitioner is
NAVIKA KUMAR v. UNION OF INDIA & OTHERS
[M. R. SHAH, J.]
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SUPREME COURT REPORTS
[2022] 16 S.C.R.
also a co-accused, there cannot be two investigating agencies with respect
to the same FIRs/complaints arising out of the same incident/occurrence
with respect to different co-accused. On the aforesaid ground as well
as on the ground of parity, the FIRs/complaints, referred to hereinabove,
are also required to be transferred to IFSO unit of Delhi Police so far as
the petitioner is concerned being co-accused.
6. At this stage, it is required to be noted that by the aforesaid
order dated 10.08.2022 in the case of accused Nupur Sharma, this
Court has also passed an order that investigation of any subsequent
FIRs/complaints which are registered in future in respect of the same
incident/occurrence, namely, Newshour Debate telecasted on Times Now
on 26.05.2022 shall also stand transferred to IFSO unit of Delhi Police.
7. Taking into consideration the order passed by this Court dated
10.08.2022 in the case of accused Nupur Sharma passed in
Miscellaneous Application No. 1238/2022 in Writ Petition (Criminal) No.
239/2022, we dispose of the present writ petition with the following
directions:
i) all FIRs/complaints, referred to hereinabove in paragraph 2 and
2.1 are ordered to be transferred to the IFSO unit of Delhi Police;
ii) first FIR No. 683 dated 28.05.2022 along with FIR No. 140 of
2022 dated 08.06.2022 registered by Delhi Police, IFSO Unit are
to be treated as lead cases and investigated together along with
the other FIRs/complaints, referred to hereinabove, in which the
petitioner is the co-accused, which are already ordered to be
transferred to IFSO unit of Delhi Police;
iii) IFSO unit of Delhi Police shall be at liberty to collect and
gather any information from the concerned State agencies, if so
required, for the purpose of conducting a thorough investigation
and taking it to its logical conclusion;
iv) no coercive action shall be taken against the petitioner pursuant
to the aforesaid FIRs/complaints and for the FIRs/complaints
which may be entertained in future pertaining to the telecast dated
26.05.2022 on Times Now, for a period of eight weeks from today
so as to enable the petitioner to approach the concerned Court/
Delhi High Court for appropriate relief; and
v) the investigation of any subsequent FIRs/complaints which are
registered in future in respect of the same Newshour Debate
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telecasted on Times Now on 26.05.2022 shall also stand transferred
to IFSO unit of Delhi police.
8. As far as the primary prayer in terms of prayer (a) in the writ
petition is concerned, the petitioner shall be at liberty to pursue such
prayer by approaching the High Court of Delhi under Article 226 of the
Constitution of India or Section 482 of the Criminal Procedure Code. As
and when such proceedings are instituted by the petitioner, the same
shall be considered in accordance with law and on their own merits. We
clarify and make it clear that we have not expressed any opinion on the
merits of the allegations contained in the various FIRs/complaints.
9. The present petition stands disposed of in terms of the above.
Devika Gujral
Writ petition disposed of.
(Assisted by : Neha Sharma, LCRA)
NAVIKA KUMAR v. UNION OF INDIA & OTHERS
[M. R. SHAH, J.]