The Calcutta High Court on Thursday observed that the alleged act of actress Sreelekha Mitra holding a poster allegedly depicting an objectionable cartoon of Prime Minister Narendra Modi during a protest organised by the Cockroach Janata Party (CJP) was “distasteful” and “shocks the conscience” of the Court.

However, Justice Saugata Bhattacharya clarified that the same would not, by itself, attract the offence under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS).

Mitra had approached the High Court seeking quashing of multiple criminal proceedings initiated against her in connection with the alleged incident.

Senior Advocate Bikash Ranjan Bhattacharya, appearing for Mitra, submitted that she had appeared before the investigating authorities and would continue to cooperate with the investigation. He argued that the alleged conduct, even if accepted, did not constitute a criminal offence.

During the hearing, the Court questioned Bhattacharya about the reason behind Mitra's alleged conduct.

“Why has she done this? It is not merely a cartoon. It is really distasteful,” the Court remarked.

Bhattacharya responded that he accepted that the act was distasteful, but maintained that it could not be treated as a criminal offence.

The Court observed that the alleged depiction went beyond what could ordinarily be explained as merely a cartoon.

“It shocks the conscience of the Court having seen the nature of the 'cartoon',” the Court said.

Bhattacharya reiterated that notwithstanding the Court's observations, the ingredients of the alleged criminal offence were not made out.

The Court also expressed concern that quashing the proceedings at this stage could potentially encourage such conduct.

“If we quash this then such obnoxious acts will be encouraged,” the Court observed.

At the same time, the Court declined to accept that the alleged conduct necessarily attracted Section 353(2) BNS.

“It is not merely a cartoon…this ought not to have been done by any prudent citizen of the country, but that doesn't mean that Section 353(2) BNS is attracted,” the Court observed.

The Court subsequently permitted the State to continue with its investigation while granting Mitra interim protection from coercive action.

The Court directed that no coercive steps be taken against Mitra without its leave until December 24, subject to her complying with the investigation. The Court further directed that she be given at least 48 hours' notice before she is required to appear before the investigating authorities. The Court made it clear that the protection would be conditional upon her cooperation with the investigation.

“In case she doesn't cooperate, an application can be filed seeking vacation of the order passed today,” the Court said.

The investigating agency has also been directed to submit a report on the next date of hearing detailing the steps taken in the investigation.

Case: Sreelekha Mitra vs State of West Bengal