It Is The Fundamental Right Of Press To Publish News Not Palatable To Administration: Calcutta HC Grants Anticipatory Bail To Journalist [Read Order]

"It is the fundamental right of a press reporter to publish any news, which may not be palatable to the administration", observed the Calcutta High Court last week.

The bench of Justices Bibek Chaudhuri and Soumen Sen was hearing the plea for anticipatory bail, the petitioner being a reporter of ETV Bharat, in connection with a case against him for a news item imputing bribery and rash driving causing death to the state police. "He made a news report stating, inter alia, that some police personnel were collecting bribe from a truck loaded with sand. He also reported that while chasing the truck, a vehicle owned by the police department was being driven in a rash and negligent manner causing accident of a person. The said person subsequently died. He also published some photographs along with his report", recorded the division bench. The bench noted that this was the prima facie reason for lodging a complaint against the petitioner on the basis of which a FIR was registered.

"It cannot be denied that incidents of the police taking bribes from vehicles are being frequently noticed and reported", remarked the bench. The court proceeded to voice its apprehension that it was in order to "stifle and muzzle the voice of the reporter", this case has been registered against the petitioner.

Perusing the case diary produced by the Additional Public Prosecutor, the bench noted that the police have taken cognisance of the report, which prima facie discloses the offences committed by its own personnel, who had proceeded against the reporter.

The Court, accordingly, last week directed the Superintendent of police of the concerned District to immediately initiate enquiry regarding registration of the first information report against the ETV reporter and to investigate about the collection of money by the police personnel, the incident of which has been published by the reporter and to take appropriate action against the offenders.

The same division bench had last Thursday only also granted anticipatory bail to the same journalist in connection with another complaint for publishing a news article on an online portal, that "amidst lockdown some illegal mining of sand had taken place", and "few persons of Birbhum District are transporting such sand illegally by truck from the riverbed of Ajay".

"A press reporter is expected to make the public aware of any illegal activities in an honest way", the bench had asserted. The Court had continued to the extent of saying that "In fact, a proper press reporting of any such incidents would assist the administration in taking appropriate measures against the offenders". Allowing the plea for pre-arrest bail, the court proceeded to state that it is "equally expected" that if what has been stated in the said news report is found to be correct, for which the bench opined that a notice under Section 41A of Cr. P. C. should have been issued, "then the complainant is liable to be prosecuted". 

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