Assam: Gauhati HC dismisses FIR against journalist over Kamakhya remarks, cites no malice

Guwahati: The Gauhati High Court dismissed the criminal case against CNN-News18 anchor Akanksha Swarup, which arose from her remarks about alleged human sacrifices at the Maa Kamakhya temple.

During an interview with a relative of Indore businessman Raja Raghuvanshi, who was reportedly murdered by his wife and her boyfriend in Meghalaya earlier this year, Swarup questioned whether the killing could be linked to tantric practices.

She asked, “Since they had gone to Kamakhya, where sacrifices or human sacrifices are offered, is your family suspicious that this could be a tantric killing?”

Following this statement, Guwahati’s Cyber Branch Police filed an FIR against Swarup on June 12, invoking sections of the Bharatiya Nyaya Sanhita (BNS).

Swarup contested the FIR in the Gauhati High Court. On October 15, Justice Shamima Jahan ruled that Swarup did not intend to incite enmity or disharmony and consequently quashed the FIR.

While the Court described her comments as “careless and unnecessary,” it advised public figures to exercise caution and verify facts before making statements.

The FIR had cited BNS sections 196(2) (promoting enmity), 299 (malicious acts intended to outrage religious feelings), and 302 (wounding religious feelings).

However, the Court found these provisions inapplicable because Swarup’s remarks were neither made in a religious setting nor aimed to deliberately offend religious sentiments.

Instead, the Court noted that her comments related primarily to the investigation surrounding Raghuvanshi’s death.

Senior Advocate KN Choudhury and Advocate SP Sharma represented Swarup, while Additional Public Prosecutor KK Das appeared on behalf of the Assam government.