(A.M. Khanwilkar and Dinesh Maheshwari, JJ.)
Amish Devgan ___________________________________ Petitioner;
v.
Union of India and Others ________________________ Respondent(s).
Writ Petition(s) (Criminal) No(s). 160/2020, decided on June 26, 2020
(For Admission and IA No. 57204/2020-Ex-Parte Stay and IA No. 57210/2020-Exemption From Filing Affidavit) Writ Petition(s) (Criminal) No(s). 160/2020; IA No. 57204/2020; and IA No. 57210/2020
The Order of the court was delivered by
Order
1. Heard Mr. Sidharth Luthra, learned senior counsel appearing for the petitioner and Mr. Rizwan Merchant, learned counsel appearing for the complainant in FIR No. 218 dated 17.06.2020 PSItwara, Nanded, Maharashtra and FIR No. 175 dated 18.06.2020, PSPaidhuni, Mumbai, Maharashtra.
2. After considering the rival submissions, we are inclined to issue notice to the respondents, returnable on 08.07.2020.
3. We direct the petitioner to implead the complainant(s) in the respective FIRs/complaints referred to in the petition in connection with the News Debate Show called “Aar Paar” dated 15.06.2020 aired at around 7:30 p.m.
4. Amended copy of the petition be filed within three days from today by email/online.
5. Issue notice to the newly added respondents also.
6. Dasti, in addition, is permitted.
7. Liberty is also granted to serve the Standing Counsel for the concerned States and Central Agency representing Union of India.
8. As regards the interim relief, till the next date of hearing, we deem it appropriate to pass ad-interim relief in terms of prayer clause (A) and (B) of the stay application which read thus:
“A. Pass an order staying further proceedings in the FIR No. 78, PS: Dargah, Ajmer, Rajasthan; FIR No. 50, PS: Makbara, Kota, Rajasthan; FIR No. 173, PS: Bahadurpura, Hyderabad City, Telangana; FIR No. 218, PS: Itwara, Nanded, Maharashtra; FIR No. 217, PS: Paidhuni, Mumbai, Maharashtra or any other FIR/FIRs or any criminal complaint which has been filed or which may be filed hereafter, relating to the same telecast dated 15.06.2020 of the petitioner.
B. Pass an order that the petitioner be protected against any coercive process arising out of and in relation to the FIR No. 78, PS: Dargah, Ajmer, Rajasthan; FIR No. 50, PS: Makbara, Kota, Rajasthan; FIR No. 173, PS: Bahadurpura, Hyderabad City, Telangana; FIR No. 218, PS: Itwara, Nanded, Maharashtra; FIR No. 217, PS: Paidhuni, Mumbai, Maharashtra or any other FIR/FIRs or any criminal complaint which has been filed or which may be filed hereafter, relating to the same telecast dated 15.06.2020 of the petitioner.”
9. Liberty is granted to the complainant(s) who are represented by Mr. Rizwan Merchant to file link of original broadcast within one week from today.
10. As prayed, liberty is granted to the petitioner to provide correct FIR number in Annexure-P9.
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