JUDGEMENT
Riyaz I. Chagla, j. -
(1.)Heard Shri. Harish Salve and Dr. Milind Sathe, learned senior counsel for the petitioner; Mr. Kapil Sibal, learned senior counsel representing the State of Maharashtra for respondent Nos. 1, 5 and 6; Mr. Anil Singh, learned Additional Solicitor General of India for respondent No. 2 i.e., Union of India; Mr. Ashok Mundargi, learned counsel for respondent No. 3; and Mr. Rizwan Merchant, learned counsel for respondent No. 4.
(2.)By filing this petition under Articles 226/227 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973, petitioner seeks the following reliefs:-
1. Declare sections 153A, 153B(1) and 295A of the Indian Penal Code, 1860 as unconstitutional being violative of Articles 14, 19(1)(a) and 21 of the Constitution of India;
2. Quash FIR No. 164 of 2020 registered at N.M. Joshi Marg Police Station, Mumbai (earlier FIR No. 238 of 2020 registered at Sadar Police Station, Nagpur, since transferred to N.M. Joshi Marg Police Station, Mumbai where it has been re-numbered as above), registered under various provisions of the Indian Penal Code, 1860;
3. Quash FIR No. 137 of 2020 registered at Pydhonie Police Station, Mumbai under various provisions of the Indian Penal Code, 1860;
4. Issue appropriate writ, order or direction to respondent No. 1 and all authorities working under respondent No. 1 restraining them from registering any First Information Report (FIR) against the petitioner in relation to the broadcast aired on Republic Bharat on 14th and 15th April, 2020 in relation to the Bandra incident which is already covered by FIR No. 137 of 2020 registered at Pydhonie Police Station.
2.1. An interim prayer has been made to stay all further proceedings in FIR No. 164 of 2020 registered at N.M. Joshi Marg Police Station, Mumbai and FIR No. 137 of 2020 registered at Pydhonie Police Station, Mumbai as well as for a direction to respondent Nos. 1, 5 and 6 not to take any coercive action/steps against the petitioner in connection with the above two FIRs.
(3.)Petitioner is a journalist. He is the Editor-in-chief of an English television news channel called Republic TV and a Hindi television news channel called Republic Bharat or R. Bharat. Petitioner hosts various news shows on both the channels. He is also the Managing Director of ARG Outlier Media Pvt. Ltd., the company which owns and operates both the channels.
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