Media Vital Pillar Of Democracy, Can't Be Curtailed Or Intimidated: Calcutta High Court Stays FIR Against TV Journalist

"The media is the fourth and an equally vital pillar of any democracy. The Fourth Estate cannot be curtailed or intimidated. The prima facie illegal FIR will hang as a sword of damocles on the petitioner and may prevent her from pursuing her work."

The court passed the order on a petition filed by the journalist against the registration of FIR against her.

On April 7, 2023, an FIR was filed against the journalist at Muchipara police station under Sections 153A, 500, and 505(1)(c) of the Indian Penal Code, alleging that she gave a derogatory speech that could cause polarization in society between two linguistic communities. The complaint also alleged that such statements would provoke riots in different parts of West Bengal.

It was also alleged that the statements made by the journalist are false, concocted, and misleading. Some screen shots of the alleged post on her twitter handle appear to have been seized, the court noted. 

The court, after considering the material on record, opined that the same do not indicate any clear provocation towards any community.  "There is no third person other than the complainant, who has stated that he or she is uncomfortable or feels provoked by the said statements of the petitioner," it added.

It also said that the argument that an attempt has been made to throttle free speech in general and the media in particular cannot be completely brushed aside.

The court noted that punishment under Sections 153A, 500 and 505(1)(c) of the Indian Penal Code under which the FIR has been registered are all less than three years.

It observed that Muchipara Police Station should have conducted due and appropriate inquiries before registering the FIR.

"It appears from the records that the complaint was made sometime in the evening at 11:40 P.M. and FIR was immediately upon receipt. Clearly no enquiries whatsoever have been made by the Muchipara Police Station," said the court, while staying the FIR until further orders.

The court has also ordered the respondents to file an affidavit within a period of three weeks.

Case Title: Manogya Loiwal v The State of West Bengal & Ors.

Citation: 2023 LiveLaw (Cal) 108

Counsel for Petitioner: Mr. Billwadal Bhattacharyya, Mr. Sabyasachi Chatterjee, Mr. Akashdeep Mukherjee, Mr. Badrul Karim,Mr. Pritam Chatterjee, Mr. Soummyadeep Nag, Ms. Kiron Sk.Ms. Soumali Das.

Counsel for State: Mr. Debasish Ghosh.

Click Here To Read/Download Order