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HC refuses to quash FIR against Shillong Times editor, says Facebook post divisive

Shillong Times Editor Patricia Mukhim has been booked for a Facebook post where she discussed an alleged attack on non-tribal boys. Mukhim says she will challenge the HC order in Supreme Court.

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New Delhi: The Meghalaya High Court Tuesday refused to quash the criminal proceedings against senior journalist Patricia Mukhim for a four-month-old Facebook post denouncing violence against non-tribals in the state. 

A bench of Justice W. Diengdoh said Mukhim’s post “has sought to create a divide to the cordial relationship between the tribal and non-tribal living in the State of Meghalaya even alluding to the role of the state machinery as being bias (sic) in this regard”.

The case refers to a Facebook post made by Mukhim, a Padma Shri awardee and the editor of The Shillong Times, on 4 July, where she commented on an alleged attack on a group of boys playing basketball at Lawsohtun, Shillong, a day before. The incident allegedly involved two groups — one consisting of tribal youths and the other consisting of non-tribals.

In her post, she had written that the attack, “where some non-tribal youth playing basketball were assaulted with lethal weapons and are now in hospital, is unacceptable in a state with a government and a functional police force”.

According to the high court judgment, the Facebook post further said, “This continued attack on non-tribals in Meghalaya whose ancestors have lived here for decades, some having come here since the British period is reprehensible to say the least.”

She had also questioned the ‘Dorbar Shnong’, which are administration units in Khasi villages that carry out traditional governance. “And what about the Dorbar Shnong of the area? Don’t they have their eyes and ears to the ground? Don’t they know the criminal elements in their jurisdiction? Should they not lead the charge and identify those murderous elements?”

Following this, the Dorbar Shnong of Lawsohtun filed a complaint with police against Mukhim, alleging that her post had incited tensions between the tribal and non-tribal communities, and defamed not only the Dorbar Shnong, Lawsohtun, but the entire village.

She was subsequently booked under Sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language etc.), 505 (statements conducing to public mischief, with intent to incite any class or community of persons to commit any offence against any other class or community) and 499 (defamation) of the Indian Penal Code. 

In her petition to the high court, Mukhim had demanded that the complaint and proceedings initiated against her be quashed. Among other things, she had contended that her Facebook post only sought to show concern about the handling of the case by police and the Dorbar Shnong. She submitted that the post was made in good faith and in public interest. 

Justice W. Diengdoh, however, said her post attempts to “make a comparison between tribals and non-tribals vis-à-vis their rights and security and the alleged tipping of the balance in favour of one community over the other”.

The judge ruled that this “would fall on the mischief of Section 153A (a) IPC as it apparently seeks to promote disharmony or feelings of enmity, hatred or ill-will between two communities”.

Speaking to ThePrint, Mukhim said she will challenge the judgment in the Supreme Court. “We will soon be filing a petition challenging this judgment. Basically, we will also go by what Justice Chandrachud said yesterday about personal liberties.”

While granting interim bail to Republic Editor-in-Chief Arnab Goswami and two others in a case of alleged abetment to suicide, a Supreme Court bench of Justice D.Y. Chandrachud and Justice Indira Banerjee had Wednesday made strong observations about the failure of high courts to protect personal liberty of individuals, forcing citizens to approach the top court for relief.

Mukhim defended her Facebook post, saying it was not intended to incite any communal disharmony. “In fact, I was appealing on human rights, saying that when people are assaulted, the ones who assault should be booked,” she added.


Also Read: Attacked Meghalaya editor says she received ‘death threat’ on Facebook 4-5 months ago


Mukhim faced contempt proceedings in 2019

In 2019, the Meghalaya High Court had held Mukhim guilty of contempt, along with publisher Shobha Chaudhuri, for two articles published in The Shillong Times. The first of the two articles related to an order passed by the high court regarding retirement benefits to judges. The other was a comment on how the order was similar to a previous judgment by two other judges, who were about to retire, on security arrangements for retired judges.

The court found them guilty of criminal contempt. They were ordered to sit in “the corner of the courtroom” till the end of the day, and were fined Rs 2 lakh each. The court also said that if they failed to pay the amount, they would be imprisoned for six months, and The Shillong Times would “come to an end (be banned)”.

This judgment was, however, stayed by the Supreme Court within days. 

This report has been updated with a quote from Patricia Mukhim

With inputs from Karishma Hasnat


Also Read: When the marginalised strike back: Lessons to learn from Shillong


 

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2 COMMENTS

  1. Lofty sentiments expressed at the apex get lost in translation as they drift lower down the pyramid. Sabse bada Bhai toh Sarkar hai …

  2. Non-tribals are treated as second-class citizens in Meghalaya and they are often the targets of violence unleashed by vigilante gangs of the Khasi Students Union (KSU).

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