The Calcutta High Court, in staying a FIR filed against a TV journalist for allegedly uttering a “provocative speech,” stated that the media is an equally important component of a democracy that cannot be limited or intimidated.
According to Justice Rajasekhar Mantha, the court is satisfied that the registration of the FIR against journalist Manogya Loiwal is extremely doubtful.
The fourth and equally important pillar of any democracy is the media. The Fourth Estate must not be limited or frightened. The ostensibly illegal FIR would hover over the petitioner like a sword of Damocles and may hinder her from continuing her work.
The ruling was issued in response to a plea filed by the journalist challenging the establishment of a FIR against her.
An FIR was filed against the journalist at Muchipara police station on April 7, 2023, under Sections 153A, 500, and 505(1)(c) of the Indian Penal Code, stating that she uttered a disparaging comment that could foster polarisation in society between two linguistic minorities. According to the complaint, such utterances might incite rioting in several parts of West Bengal.
It was also claimed that the journalist’s claims were fraudulent, fabricated, and deceptive. According to the court, certain screen pictures of the alleged post on her Twitter handle appear to have been seized.After reviewing the evidence, the court concluded that there was no evident provocation towards any community.
“There is no third person, other than the complainant, who has stated that he or she is uncomfortable or feels provoked by the said statements of the petitioner,” it continued.It further stated that the claim that an attempt has been made to stifle free expression in general, and the media in particular, cannot be dismissed altogether.
The court noted that the penalties under Sections 153A, 500, and 505(1)(c) of the Indian Penal Code, under which the FIR was filed, are all less than three years in prison.
Muchipara Police Station was found to have failed to undertake adequate investigations before to filing the FIR
According to the records, the complaint was filed later in the evening at 11:40 p.m., and the FIR was filed immediately upon receipt. “Clearly, no inquiries have been made by the Muchipara Police Station,” the court stated, while suspending the FIR until further directions were issued.
The respondents have also been instructed by the court to provide an affidavit within three weeks.,
Shivangi, Christ university
