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Synopsis

Recently, the Calcutta High Court while staying an FIR against a TV journalist observed that media is the fourth and equally vital pillar of a democracy and that the fourth estate cannot be curtailed or intimidated by the State.

The Single Judge Bench of Justice Rajasekhar Mantha stayed the FIR lodged against the journalist for alleged proactive and derogatory speeches made against the minority community and for allegedly trying to “polarize” the situation in the State.

Court opined that the FIR will hang as a sword of Damocles on the petitioner and may prevent her from pursuing her work.

The court said, “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 was hearing a petition filed by one Manogya Loiwal, who was accused of spreading false, fabricated, and misleading information about the recent Ram Navami violence in several parts of the State. Her words allegedly caused polarization in society between two linguistic communities. It was also alleged that her words might spark rioting in many parts of West Bengal.

As a result, she was booked for criminal conspiracy (Section 120B), inciting communal violence (Section 153A), and promoting hatred between two groups (Section 505) under the Indian Penal Code (IPC).

However, the court noted that the police did not perform "due and appropriate investigations" before filing the FIR.

“It appears from the records that the complaint was made sometime in the evening at 11:40 P.M. and FIR was registered immediately upon receipt. Clearly, no enquiries whatsoever have been made. This Court is, therefore, prima facie satisfied that the registration of the FIR against the petitioner in these facts is seriously questionable,” the court observed.

The court also observed that no third person other than the complainant had stated that he or she was uncomfortable or felt provoked by the said statements of the petitioner.

The court thus stayed the FIR until further orders. Court also sought the police's response to the journalist's plea.

The matter will be heard next in four weeks.

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