Calcutta High Court Directs No Coercive Steps Against Actor Parambrata Chatterjee In FIR Over Social Media Posts On 2021 Post-Poll Violence
Photo Courtesy: The Telegraph
The Calcutta High Court in an interim order on Friday (May 29) directs no coercive steps shall be taken against Actor-Director Parambrata Chatterjee in connection with an FIR registered over alleged provocative social media posts linked to the 2021 post-poll violence in West Bengal.
The FIR was registered at Gariahat Police Station following a complaint by an advocate alleging that social media posts made by Chatterjee and actor Swastika Mukherjee had instigated violence after the 2021 West Bengal Assembly elections. The complaint reportedly invoked Sections 109(abetment) and 153A (promoting enmity between groups) IPC, with Section 153A being a non-bailable offence.
The bench of Justice Ajoy Kumar Mukherjee, while dictating the order, said:
"Counsel for the petitioner submits that FIR consequently deviod of any specific averment or any overt act or unlawful conduct of petitioner. The FIR was lodged after 5 years of the alleged occurrence. The allegation of conspiracy is conspicuously absent, and therefore, further continuance of further proceedings would be a mere abuse of the process of law...
Having heard learned counsel for the petitioner and that the petitioner has made out an arguable case which required adjudication on merits. Let the investigation shall continue but the investigating agency shall not take any coercive steps against the petitioners for a period of four weeks or until further order, whichever is earlier on the condition that the petitioner shall make all sorts of cooperation with the investigating agency. Although this order will not prevent the State or prevent the Investigating Agency to submit a final report after completion of investigation".
During the hearing, the advocate appearing for the actor submitted that the actor had been booked for a tweet which he had made 5 years ago.
He said, "Every case has its limits of being stretched. Kindly see in this particular case, the petitioner, he is a known actor in Bengali Film industry and is known of his work in Hindi Film Industry as well. What is the allegation is that on May 2, 2021, that is about 5 years back, a tweet was made by him, please see the nature of the tweet".
He further argued, "This one straight tweet has been taken into account and a case under Sections 153A and 109 of IPC has ben started, that's after 5 and half years".
He further submitted that the actor was seeking protection, adding that he will serve a copy to the respondents. He also relied on Patricia Mukhim vs The State Of Meghalaya, wherein the Supreme Court held that the intention behind the piece of writing has to be judged along with the circumstances in which it was written and published.
While Mukherjee reportedly appeared before the police for questioning earlier this week, Chatterjee approached the High Court seeking anticipatory bail and to quash the said FIR.
The controversy stems from social media activity allegedly connected to the politically volatile aftermath of the 2021 Assembly elections in West Bengal. The complaint claims that the actors' posts contributed to or endorsed post-poll violence.
Case Title: Parambrata Chatterjee v State of West Bengal, CRR/2225/2026