The Gauhati High Court has quashed the FIR lodged against CNN-News18 anchor Akansha Swarup for her alleged comments suggesting that human sacrifice was practiced at the Maa Kamakhya Temple during a televised interview. The case arose from an FIR filed by the Cyber Police, Guwahati, under Sections 196(2), 299, and 302 of the Bharatiya Nyaya Sanhita, 2023, alleging that her statements were defamatory and capable of disturbing communal harmony.
Justice Shamima Jahan, while hearing the petition under Section 528 of the BNSS, held that Swarup’s statements, though careless, lacked the deliberate and malicious intent necessary to attract the offences cited. The Court observed that her remarks were not made at a place of worship or with the intention to outrage religious feelings or promote disharmony.
Referring to precedents including State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 and Mahendra Singh Dhoni v. Yerranguntla Shyamsundar (2017) 7 SCC 760, the Court ruled that the FIR did not disclose any cognizable offence and that no prudent person could conclude that Swarup had intended to promote enmity or hatred among groups. While cautioning that statements on sensitive subjects should be made responsibly, the Court quashed the FIR in the interest of justice.
Appearances:
Advocate for the Petitioner: Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. S.P. Sharma.
Advocate for the Respondent : Mr. K.K. Das, learned Addl. Public Prosecutor for the State of Assam