SC grants bail to Andhra Pradesh journalist in offensive remarks case

New Delhi, Jun 13 (PTI) The Supreme Court on Friday granted bail to senior journalist Kommineni Srinivasa Rao, whom the Andhra Pradesh Police arrested for allegedly making disparaging remarks against greenfield capital city Amaravati on his live show.

The top court passed the order on Rao's plea challenging his arrest.

A partial working day bench of Justices Prashant Kumar Mishra and Manmohan directed the release of 70-year-old Rao, who was arrested on June 9, noting that he did not make the statement on his show and it was one of the panellists who made the alleged derogatory remarks.

Questioning the Andhra Pradesh government over the arrest, the bench said it was necessary that Rao's journalistic rights and his fundamental right to freedom of speech were protected.

"The petitioner himself did not make the statement on the live TV show and his journalistic rights need to be protected so that his freedom of speech is also protected. We direct that the petitioner be released in the FIR subject to conditions imposed by the trial court," the bench ordered.

The bench, however, asked Rao not to get involved in any defamatory statement either by himself or by allowing others to make such statements in his presence in the show which the petitioner is anchoring or hosting.

At the outset, senior advocate Siddharth Dave, appearing for Rao, submitted that the remarks were not made by him but by a panellist.

The bench asked the state how the petitioner could be arrested for the statements made by someone else.

Questioning the action of Andhra Pradesh Police, the bench asked senior advocates Mukul Rohatgi and Siddharth Luthra, appearing for the state government, "Someone else is making the statement. How can he be arrested?" Rohatgi submitted he was goading and abetting the man who was making that statement and was laughing at the comment instead of stopping him.

Justice Manmohan told Rohatgi, "When someone makes an outrageous statement, we just laugh it off. They can't be termed as co-conspirators." Justice Mishra concurred with the view and said, "Everyday this is happening." Rohatgi added that this was not a case of somebody being on a standby or that he was a bystander to the remark, but he was very much part of the programme and the channel.

Senior advocate Siddharth Luthra, also appearing for the state, submitted that the statement was not merely defamatory as it was said that Andhra Pradesh was in the forefront when it came to sex work.

He pointed out that Rao's bail petition was pending before the high court and he should have sought the remedy there.

The bench did not agree with the submission made on behalf of the state and directed Rao's release from the custody.

It posted the matter for further hearing after eight weeks.

Andhra Pradesh Police on June 9 arrested Rao from Hyderabad for hosting a programme in Sakshi TV, where alleged disparaging remarks against greenfield capital city Amaravati were made by a panelist.

The comments were made by one of the panellists on a TV show hosted by Rao on June 6. PTI

(Except for the headline, this story has not been edited by The Federal staff and is auto-published from a syndicated feed.)