Gauhati HC quashes FIR against journalist, says raising concerns not incitement

Guwahati: The Gauhati High Court has quashed an FIR against journalist Kongkon Borthakur, ruling that raising concerns about “illegal” migration, religious fundamentalism, militant activities and demographic threats to indigenous people cannot be treated as an act of incitement or an attempt to create enmity.

A bench of Justice Pranjal Das set aside the 2016 FIR filed under Section 153A IPC against the Dainik Janambhumi journalist. The case had been lodged by Farid Islam Hazarika, president of the All Assam Muslim Students’ Union (AAMSU), Sivasagar, who alleged that Borthakur’s report threatened communal harmony.

Challenging the FIR, Borthakur argued that his article was based on ground-level research and did not contain the ingredients necessary to establish an offence under Section 153A.

The court agreed, noting that “prima facie, the petitioner-accused as a journalist has not cast aspersions on any ethnic or religious group per se.” It further observed that the report did not reveal any intent to incite violence or enmity between groups, which is a prerequisite for prosecution under the section.

Emphasizing the role of the press, the bench said: “needless to say, it is the core duty of journalism to raise burning issues, which matter to society,” adding that “raising concerns about illegal migrants, religious fundamentalism, militant activities and demographic threats to the indigenous people cannot, by itself, be construed as an attempt to create enmity between groups or to incite violence.”

With this, the FIR lodged against Borthakur was quashed.