Gauhati High Court quashes case against journalist reporting on sensitive social issues

The Gauhati High Court quashed criminal proceedings against a journalist accused of promoting enmity under Section 153A  of the IPC through a 2016 newspaper article on illegal migration, religious fundamentalism, and militancy.

Justice Pranjal Das ruled that merely reporting on sensitive social issues does not amount to promoting enmity or inciting violence.

The Court noted the article did not target any community specifically and upheld journalism’s duty to highlight public concerns.

It found the FIR insufficient to meet Section 153A’s requirements of deliberate intent to incite hatred between groups and set aside the case, affirming that journalism cannot be criminalised for raising such issues.

[Kongkon Borthakur v The State of Assam & Anr]