Allahabad High Court grants relief to Aroon Purie, Prabhu Chawla in case over India Today report on child abuse

The Allahabad High Court has quashed the summons issued to India Today Editor-in-Chief Aroon Purie and former Editor Prabhu Chawla by a Lucknow court in a complaint case related to a news story about child labour and child prostitution [Prabhu Chawla v State of UP and another].

Justice Brij Raj Singh ruled that the news report about the sexual exploitation of minor girls could not be said to have caused any disharmony or unrest in society.

The single-judge added that there was no intention on part of the accused to promote any kind of hatred between communities.

"Article 19 (1) (a) enshrined under Chapter III of the Constitution of India essentially a fundamental right guarantees that a citizen has a right to freedom of speech and expression and in the present case, facts of a particular area pertaining to the minor girls and their sexual exploitation has been published ; certainly the plight of sexual exploitation of minor girls depicted in the magazine does not create any disharmony or unrest between two groups or communities," the Court said in the judgment dated October 13.

The magazine had published an article titled "Girls for Sale and "Ladkiyo Ki Mandi", highlighting the issue of child labour and child prostitution in different parts of the country. It was also highlighted how people in economically backward areas of the country were being duped to send young girls for marriage or employment purposes to foreign countries.

Subsequently, a private complaint accused the magazine of committing offences under Section 153 and 153A of the Indian Penal Code. A trial court in 2017 took cognizance of the complaint and summoned Poorie and Chawla. They then moved the High Court seeking quashing of the summoning order.

It was argued that the whole intent and purpose of the article was to highlight the issue among public and authorities. It was also argued that the alleged offences were not made out.

"There is no sign of visible representation of either spoken or written words which promotes or attempts to create dis-harmony or feelings of enmity or hatred between the two groups or communities," the counsel representing the accused submitted.

Considering the record as well as the submissions, the single-judge said the applicants had not committed the offences alleged against them. It noted that the source of the information was mentioned in the news report.

"The basis and source of information is mentioned wherein it is evident that Murshidabad District of West Bengal has become a hub of human trafficking where the minor girls are sold for sexual gratification. Even if it is mentioned that there is unrest in Bediya community, it does not mean that it is a case of disharmony between the two groups or community. It is nowhere mentioned that Bediya community has unrest against muslim community," it added.

The Court, thus, set aside the summoning order as well as the entire proceedings pending before Special Judicial Magistrate (CBI) at Lucknow.

Advocate Nadeem Murtaza represented Poorie and Chawla.

[Read Judgment]