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Synopsis

The Calcutta High Court recently stayed the investigation for three months in a case over an artist's Facebook post having an intimate image of Lord Krishna and Radha.

The bench of Justice Shampa Sarkar held that in prima facie view of the Court, the registration of the FIR in the case amounted to curtailment of the right to freedom of speech under Article 19(1)(g) of the Constitution of India and liberty of the artist. 

Court noted that the artist posted a portrait of Lord Krishna, influenced by an epic love poem 'Geet Govinda', which had been displayed in an auction house. 

Further, stressing that the provisions of Section 295A of the Indian Penal Code would be attracted when there is an intention to deliberately hurt religious sentiments, Court observed that in the instant case, the artist had remarked that love was the essence of Janmasthami and he shared a post within a specified group of artists.

Moreover, Court noted that the post was a portrait, already available publicly at art galleries and in different illustrated and translated versions of 'Geet Govinda'.

Therefore, Court held that prima facie the complaint does not disclose any cognizable offence and stayed the probe. 

Court asked the Inspector-in-Charge, Cyber Crime Police Station, Raiganj, Uttar Dinajpur to produce the order of the Metropolitan Magistrate, on the basis of which the investigation was started.

"Further decisions will be taken as to whether this writ petition shall be heard on the facts and law pleaded or the petitioner will be relegated to the appropriate forum under Section 482 of the Code of Criminal Procedure, on perusal of the records to be produced by the investigating officer," Court added. 

The matter will be next heard on November 1, 2022. 

The case was registered on a complaint filed by one Prasun Maitra, alleging that the concerned post might hurt religious sentiments and incite communal hatred. The FIR was registered under Section 295A of the Indian Penal Code, read with Section 67 of the Information Technology Act.

Case Title: Jayarshi Bhattacharya v. State of West Bengal