N.V. Sharma (S) v. Union Of India And Others (S)., Supreme Court Of India, Judgment, Law, casemine.com

Factual and Procedural Background

A television debate broadcast on 26 May 2022 on the channel “Times Now” led to the registration of numerous First Information Reports (FIRs) against the petitioner, N.V. Sharma, in several States and Union Territories. The petitioner initially approached the Supreme Court under Article 32 seeking:

Primary relief: quashing of all FIRs arising out of the broadcast, and

Alternative relief: transfer, consolidation, and investigation of the FIRs by a single agency to avoid conflicting findings.

On 1 July 2022 the Supreme Court directed the petitioner to pursue quashing before the appropriate High Courts. Subsequent registration of additional FIRs (bringing the total identified to fifteen) and an asserted “grave and imminent” threat to the petitioner’s life prompted the present Miscellaneous Application (M.A. No. 1238 of 2022). The Court therefore revisited the question of consolidation and transfer of investigations.

Legal Issues Presented

Whether, given the multiplicity of FIRs based on the same broadcast and the alleged threat to life, all existing and future FIRs should be transferred to and investigated by a single agency.

Whether the Supreme Court should itself quash the FIRs or leave the petitioner to invoke alternate remedies before the High Court having territorial jurisdiction.

Arguments of the Parties

Petitioner’s Arguments

Multiple FIRs in different jurisdictions expose the petitioner to the risk of inconsistent investigations and findings.

The petitioner faces a serious threat to life and liberty, necessitating centralized investigation for safety and fairness.

Sought transfer of all FIRs to one specialized agency, with Delhi Police cited as a suitable forum.

State of West Bengal’s Arguments

Because of the “nature of the case,” investigation should be carried out by a Special Investigation Team (SIT) rather than an ordinary police unit.

Court's Reasoning and Analysis

The bench (Surya Kant and J.B. Pardiwala, JJ.) noted:

The petitioner had shown concrete instances indicating serious threat to life and liberty, previously acknowledged by the Court on 19 July 2022.

FIR No. 683/2022 (Pydhonie Police Station, Mumbai) was the first in point of time; FIR No. 140/2022 (Delhi Police, IFSO Unit) arose from the same allegations. Both are to be treated collectively as the “first FIR” for investigative purposes.

The Intelligence Fusion & Strategic Operations (IFSO) Unit of Delhi Police is itself a specialized agency. Its involvement adequately addresses concerns about specialized investigation, rendering the formation of an SIT unnecessary at this stage.

Under the “peculiar facts and circumstances of the case,” transferring and clubbing all present and future FIRs to the IFSO Unit would promote consistency, efficiency, and the petitioner’s personal safety.

While the Supreme Court possesses jurisdiction under Article 32, an “equally effective alternative remedy” exists before the High Court under Article 226 and Section 482 CrPC; therefore, the Court declined at this juncture to entertain the quashing prayer on merits.

The Court expressly refrained from commenting on the substance of the allegations in any FIR.

Holding and Implications

Order — All listed FIRs (and any future FIRs concerning the 26 May 2022 broadcast) are transferred to the IFSO Unit of Delhi Police for joint investigation; Miscellaneous Application No. 1238 of 2022 is allowed; the earlier order dated 01 July 2022 is modified to this extent.

Implications: The decision centralizes investigation, preventing parallel probes across multiple States and reducing the petitioner’s need to seek individual reliefs elsewhere. The petitioner remains free to pursue quashing of FIRs before the High Court of Delhi. The order sets no new legal precedent but provides procedural clarity and personal security for the petitioner.

N.V. Sharma (S) v. Union Of India And Others (S).

1. The Telecast dated 26.05.2022 on the T.V. Channel ‘Times Now’, has led to registration of various FIRs/complaints against the petitioner in different parts of the country. The details of such FIRs/complaints, which the petitioner has so far been able to identify, are as follows:

a. FIR at the Pydhonie Police Station, District Thane City area in Mumbai, Maharashtra - FIR No. 683/2022, dated 28.05.2022 under Sections 295A, 153A and 505(1)(B) of the Penal Code, 1860 (IPC);

b. FIR at Cyber Cell Police Station Hyderabad, Telangana - FIR No. 959/2022 dated 30.05.2022 under Sections 153A, 504, 505(2) and 506 of the Penal Code, 1860;

c. FIR at Mumbra Police Station, Thane City, Maharashtra - FIR No. 528/2022 dated 30.05.2022 under Sections 153A, 153B, 295A, 298 and 505 of the Penal Code, 1860;

d. FIR at Bhiwandi Police Station, Thane City, Maharashtra - FIR No. 0199/2022 dated 30.05.2022 under Sections 153A, 153B, 295A and 505 of the Penal Code, 1860;

e. FIR at Kondhwa Police Station, Pune City, Maharashtra under Sections 153A, 153B, 295A as FIR No. 540/2022 dated 31.05.2022.

f. FIR in West Bengal Narkeldanga PS Case No. 220 dated 13.06.2022 under Sections 153A, 295A, 298 and 34 of the Penal Code, 1860;

g. FIR in New Delhi by Delhi Police (2/2) IFSO unit dated 08.06.2022 to the extent it relates to the present petitioner only;

h. FIR at PS Nanalpeth, District Parbhani, Maharashtra, FIR No. 0221/2022, dated 13.06.2022 under Section 295A of the Penal Code, 1860;

i. FIR at Amherst PS, Kolkata, West Bengal, PS Case No. 125 dated 07.06.2022 under Sections 153A, 295A, 298 and 34 of the Penal Code, 1860; and

j. PS Case No. 165 dated 12.06.2022 PS Jorasanco Police Station, Bal Mukund Makkar Road, Kolkata;

k. FIR No. 149 of 2022 dated 17.06.2022 PS Karaya, Alipore, Kolkata;

l. FIR No. 197/2022 dated 14.06.2022 PS Entally, Kolkata.

m. FIR No. 96 at Watgunge, Police Station dated 23.06.2022, State of West Bengal.

n. PS Case No. 244 at Ekbalpore Police Station dated 13.06.2022, State of West Bengal.

2. While seeking quashing of these FIRs as the primary relief in her writ petition under Article 32 of the Constitution of India, the petitioner also made an alternative prayer for transfer, consolidation and entrustment of the FIRs listed from “a to i” to a single Investigating Agency so that there are no inconsistent or conflicting findings.

3. The petitioner was initially directed by this Court on 01.07.2022 to avail the alternate remedies for quashing of the FIRs/complaints, as such a relief can be effectively granted by a High Court both in exercise of its powers under Article 226 of the Constitution of India as well as under Section 482 of the Code of Criminal Procedure (CrPC).

4. However, in light of the subsequent events highlighted by her in M.A. No. 1238 of 2022 with respect to the registration of additional FIRs listed from “j to l” coupled with the grave and imminent threat to her life and liberty which has been further supported with an additional affidavit based upon the information available in the public domain, notice was issued to respondents to explore modalities by which the petitioner could seek quashing of the FIRs before a single High Court vested with jurisdiction in the matter.

5. We have heard Mr. Maninder Singh, learned senior counsel for the petitioner, Mr. Tushar Mehta, learned Solicitor General of India appearing for the Union of India and some of the States, and also Dr. Menaka Guruswamy, learned senior counsel appearing for the State of West Bengal, besides other learned counsels appearing for the remaining States.

6. We have also gone through the contents of the application, additional affidavit and other material on record with their able assistance. It has been brought to our attention that since the previous date of hearing on 19.07.2022, the petitioner has discovered that two more FIRs had also been registered against her, as listed at “m-n” in the list above.

7. In regard to the petitioner's alternative prayer, it appears that the first FIR bearing No. 683 dated 28.05.2022 was registered against the petitioner at Police Station Pydhonie, District Thane City, Mumbai, Maharashtra under Sections 295-A, 153-A and 505(1)-B of Penal Code, 1860. Another FIR bearing No. 140/2022 was registered on the same set of allegations against the petitioner and others by Delhi Police, IFSO Unit on 08.06.2022.

8. Since this Court has taken cognizance of the serious threat to the life and liberty of the petitioner and specific instances in relation thereto have been cited in our previous order dated 19.07.2022, besides those contained in the additional affidavit filed by the petitioner today, we direct that all the FIRs, referred to above in para 1, shall be transferred to the Delhi Police and clubbed for the purpose of investigation. The Delhi Police shall ensure that the 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 treated as the lead cases and investigated together along with the other FIRs/complaints registered in different parts of the country. It is made clear that in the peculiar facts and circumstances of the case, these FIRs/complaints i.e. FIR No. 683 dated 28.05.2022 and FIR No. 140/2022 dated 08.06.2022, be collectively treated as the first FIR in this sequence. Both these FIRs shall be investigated together by the IFSO Unit of the Delhi Police.

9. Learned senior counsel for the State of West Bengal, Dr. Menaka Guruswamy, urges that the nature of the case is such that a specialized and specific approach is necessary and it would be appropriate to form an SIT to collectively investigate the various FIRs. Since the IFSO Unit of Delhi Police is itself a specialized agency, the concerns of the learned senior counsel would be suitably assuaged by directing that the IFSO Unit shall investigate all the FIRs/complaints. Given this, we do not consider it necessary, at this stage, to contemplate whether an SIT is required for the purpose of investigation of the allegations contained in the FIRs.

10. The IFSO Unit of the Delhi Police shall be at liberty to collect and gather any information from the State Agencies if so required, for the purpose of conducting a thorough investigation and taking it to its logical conclusion.

11. The interim directions issued by this Court on 19.07.2022 shall continue to operate till further orders.

12. MA No. 1238 of 2022 is allowed and the order dated 01.07.2022 stands modified to the limited extent enumerated above.

13. The investigation of any subsequent FIRs/complaints which are registered in the future in respect of the same ‘Times Now’ broadcast of 26.05.2022, shall also stand transferred to the IFSO Unit of the Delhi Police.

14. As far as the primary prayer of the petitioner is concerned, we reiterate our earlier view that she has got an equally effective alternative remedies under the law. The petitioner shall, thus, be at liberty to pursue such prayers by approaching the High Court of Delhi under Article 226 of the Constitution of India or Section 482 of CrPC, as the case may be, in respect of the FIRs/complaints which have already been registered or which may be registered in the future. We say so also for the reason that a part of the cause of action has arisen in favour of the petitioner within the territorial jurisdiction of High Court of Delhi.

15. We clarify and make clear that we have not expressed any opinion on the merits of the allegations contained in the various FIRs.

16. For the removal of any doubt, we emphasize that the directions issued hereinabove, shall also extend to any other FIRs/complaints which may be registered/entertained against the petitioner hereinafter in respect of the same subject matter. Should such an eventuality arise, the investigation of those FIRs/complaints shall also stand transferred to the IFSO Unit of the Delhi Police for the purpose of investigation.

17. The miscellaneous application is disposed of in the above terms.

SUPREME COURT OF INDIA

RECORD OF PROCEEDINGS

Miscellaneous Application No. 1238/2022 in W.P.(Crl.) No. 239/2022

(Arising out of impugned final judgment and order dated 01-07-2022 in W.P.(Crl.) No. No. 239/2022 passed by the Supreme Court Of India)

N.V. Sharma.….Petitioner(s)

Versus

Union of India.….Respondent(s)

(IA No. 98187/2022 - CLARIFICATION/DIRECTION

IA No. 110572/2022 - EXEMPTION FROM FILING AFFIDAVIT

IA No. 98192/2022 - EXEMPTION FROM FILING AFFIDAVIT

IA No. 97881/2022 - EXEMPTION FROM FILING AFFIDAVIT

IA No. 92201/2022 - RECALLING THE COURTS ORDER)

Date : 10-08-2022 These matters were called on for hearing today.

(Before Surya Kant and J.B. Pardiwala, JJ.)

For Petitioner(s) Mr. Maninder Singh, Sr. Adv.

Mr. ANS Nandkarni, Sr. Adv.

Ms. Rachitta Rai, AOR

Mr. Pandey Sangeet Rai, Adv.

Mr. Manan Popli, Adv.

Mr. Shaunak Kashyap, Adv.

Mr. Vivek Kadyan, Adv.

Ms. Deepti Arya, Adv.

Mr. Prabhas Bajaj, Adv.

Mr. Santosh Salvador, Adv.

For Respondent(s) Mr. Tushar Mehta, S.G.

Ms. Garima Prasad, AAG

Mr. Rahul Chitnis, Adv.

Mr. Siddharth Dharmadhikari, Adv.

Mr. Chirag Shah, Adv.

Mr. Utsav Trivedi, Adv.

Mr. Abhikalp Pratap Singh, Adv.

Mr. Aaditya A. Pande, Adv.

Mr. Geo Joseph, Adv.

Ms. Shwetal Shepal, Adv.

Mr. Arvind Kumar Sharma, AOR

Mr. Sachin Patil, AOR

Ms. Taruna Ardhendumauli Prasad, AOR

Mr. Amritesh Raj, Adv.

Ms. Shreya Srivastava, Adv.

Mr. Ashish Madaan, Adv.

Ms. Ananya Sahu, Adv.

Ms. Ruchira Goel, AOR

Mr. Shantanu Singh, Adv.

Mr. Ravi Sehgal, Adv.

Dr. Menaka Guruswamy, Sr. Adv.

Mr. Suhaan Mukerji, Adv.

Mr. Abhishek Manchanda, Adv.

Mr. Sayandeep Pahari, Adv.

Mr. Vishal Prasad, Adv.

Mr. Yash S. Vijay, Adv.

Mr. Utkarsh Pratap, Adv.

Mr. Tanmay Sinha, Adv.

M/s. PLR Chambers and Co., AOR

Mr. Shubanshu Padhi, Adv.

Mr. Ashish Yadav, Adv.

Mr. Vishal Bansal, Adv.

Ms. Rajeshwari Shanker, Adv.

Mr. S. Udaya Kumar Sagar, Adv.

Ms. Bina Madhavan, Adv.

Mr. Sweena Nair, Adv.

Mr. Shuvodeep Roy, AOR

Mr. Arnab Singh Dev, Adv.

UPON hearing the counsel the Court made the following

18. The misc. application is disposed of in terms of the signed order.

Misc. Application No. 1238 of 2022 and Writ Petition (Crl.) No. 239 of 2022

N.V. Sharma (S) v. Union Of India And Others (S).

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Petitioner’s Arguments

State of West Bengal’s Arguments

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

N.V. Sharma (S) v. Union Of India And Others (S).

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