Calcutta High Court Grants Relief to ABP Editor and Journalist in ‘Gerua Gundami’ FIR Case
The FIR against the journalists was lodged based on a complaint that use of “Gerua” along with “hooliganism” in the news headline had offended Hindu sentiments.
The Calcutta High Court on Thursday provided interim relief to editor and one journalist of Anandabazar Patrika (ABP) from coercive action under FIR lodged against them in connection with the newspaper’s use of the term “Gerua Gundami” (Saffron Hooliganism) in a news headline.
ABP had used the term in the headline to refer to violence that had broken out at Jadavpur University on August 20.
Granting interim relief to the journalists who were made accused in the FIR, Justice Saugata Bhattacharyya said that they had attended before the police in compliance with notices issued to them during the investigation.
State had also submitted before the Court during the hearing that there was no need to carry out custodial interrogation of the journalists.
“Responding police authorities are directed not to take coercive steps against petitioners till 15th December, 20 26 or till further order, whichever is earlier. Petitioners (journalists) shall cooperate with the investigation and shall comply with the notices, if issued in future in connection with aforesaid criminal prosecution,” the Court said.
The FIR was lodged in connection with a report that ABP had published pertaining to incidents of violence at Jadavpur University on August 1920.
The violence had broken out between supporters of ABVP and student groups affiliated with Left parties during the general body meeting of the Faculty of Engineering and Technology Students’ Union.
Scores of students were injured in the brawl and the rival groups had blamed each other of starting violence and had alleged the other side had brought outsiders into the campus.
ABP, in its report published on August 21 about the incident had used the headline “Gerua Gundami” (Saffron Hooliganism)
Later, a complaint had been lodged which objected to use of “Gerua” along with “hooliganism” alleging offence to Hindu sentiments. FIR was lodged at Bowbazar Police Station on August 28 based on the complaint.
Petitioners approached the High Court challenging the criminal prosecution launched against them and seeking relief from coercive action by the police.
Journalists’ counsel told the Court during the hearing on Thursday that complaint was exclusively against the headline used by the newspaper and nowhere did complainant found any grievance against the contents of the report itself.
He also questioned if Section 196 Bharatiya Nyaya Sanhita (BNS) would apply in this case. Section 196 deals with promoting disharmony or enmity between different groups.
Pointing that the complaint did not even make the allegation of enmity between two or more groups, the counsel for journalists argued that Section 196 would not be attracted in the instant case.
However, the Court said that it was not called upon to decide whether Section 196 of BNS applied to the facts of the case or not.
“It is for the investigation agency to decide that while discharging their obligation of completing the investigation”, the Court observed.
It may be mentioned that this case came before the High Court earlier this month also.
During the previous hearing on September 3, State had informed the Court that they would not take any coercive steps against the journalists if they cooperated during investigation and abide by notices served on them by investigation agency.
The Court on Thursday also noted that since then, petitioners had cooperated with the investigation and responded to notices served under Section 35(3) of the BNSS and that offences under which they were proceeded also attracted punishment of less than seven years.
The journalists were then told to continue to cooperate with investigation and respond to any further notices. State was granted liberty to come back to Court if journalists do not cooperate and seek modification or cancellation of protection given.
The matter will be heard again on December 1.
Senior Advocates SN Mookherjee and Sandipan Ganguly along with Arunabha Deb (IAS- advocate), Deepan Kr Sarkar, Ashika Daga, Matri Prasad Das and Sampurna Mukherjee appeared for the journalists.
Additional Advocate General (AGG) Rajdeep Mazumder for State. He was assisted by advocates Moyukh Mukherjee and Sayan Mukherjee.
