SWADHEEN KUMAR RAUT Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner, who is at presenting working as 'Input Editor' in Orissa Television Ltd. (OTV), Bhubaneswar has filed this petition under Sec. 482 of the Code of Criminal Procedure, 1972 (Cr.P.C.) seeking the quashing of the criminal proceeding in G.R. Case No.3245 of 2020 pending in the Court S.D.J.M., Bhubaneswar against him under Ss. 269, 270, 120-B and 505(1)(b) of the Indian Penal Code (IPC) read with Sec. 52 of the Disaster Management Act, 2005.

(2.) The background facts are that the audio recording of a telephonic conversation between two men, one of whom claimed to have returned from a COVID Hospital after being identified as a Corona +ive was telecast by the OTV News Channel on 6/8/2020. The said conversation also was uploaded on Youtube and other social media platform by OTV. The allegation was that one of the men in the conversation had undermined the seriousness of the corona pandemic and claimed that it would be cured without treatment and medicines.

(3.) An FIR was registered in Capital Police Station (PS) as Capital PS Case No.303 of 2020 under the aforementioned provisions on the ground that by telecasting and circulating the above audio recording, OTV was dissuading the public from availing the requisite treatment thereby causing an increase in the spread of COVID. It was further alleged that as a result of such circulation of the audio recording, fear/alarm was being spread in the public as regards the medical treatment protocol and clinical management of COVID patients. It was further alleged that the OTV was spreading false information regarding misappropriation of central government funds for the treatment of COVID patients and admission of fake cases just to meet the daily targets by the Bhubaneswar Municipal Corporation (BMC) and other private COVID hospitals. It was alleged that by creating a trust deficit between the government and the public, the telecast by OTV of the aforementioned audio clip was likely to spread panic and fear and induce the public to commit offences against the State.