In this case, Amish Devgan is a journalist who stated that he is presently the 'Managing Director' of several news channels owned and operated by "TV18 Broadcast Limited". He hosts and anchors debate shows ‘Aar Paar’ on News18 India.
On 15th June 2020, at 7:30 p.m, he hosted and anchored a debate show. Post the telecast as many as seven FIRs concerning the episode were filed and registered against him in the States of Rajasthan, Telangana , Maharashtra and Madhya Pradesh. While hosting the debate he had described Pir Hazrat Moinuddin Chishti, also known as Pir Hazrat Khwaja Gareeb Nawaz, as “aakrantak Chishti aya... aakrantak Chishti aya... lootera Chishti aya... uske baad dharam badle”.If translated in English the words would be read as– “Terrorist Chishti came. Terrorist Chishti came. Robber Chishti came - thereafter the religion changed,” imputing that ‘the Pir Hazrat Moinuddin Chishti, a terrorist and robber, had by fear and intimidation coerced Hindus to embrace Islam’.
It was said that he deliberately and intentionally insulted a Pir belonging to the Muslim community, revered even by Hindus, and thereby hurt and incited religious hatred towards Muslims.
On the other hand, Amish Devgan claimed the post which got telecast, he was abused and given death threats on his phone, Twitter, Facebook and other social media platforms. Fearing for his life and limb, the Petitioner had filed FIR at P.S Noida UP.
He told the Court that he wanted to refer Alauddin Khilji and not Gareeb Nawaz Khwaja Moinuddin Chishti. After realising his mistake he had promptly issued a clarification and an apology vide a tweet.
The Supreme Court differentiated between 'Free Speech' which includes Right to criticize or favour the government and 'Hate Speech' which includes spreading hate against a community.
The Court also said that 'hate speech' has no legitimate purpose other than spreading hate towards a particular community. Supreme Court finally came to the conclusion that at this stage it would not be appropriate to quash FIRs and to obstruct the investigation. However, Supreme Court granted interim protection him against subject to his joining and co-operating in investigation till completion of the investigation.
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