The Calcutta High Court granted bail to a journalist who was arrested while reporting in Sandeshkhali and observed that in the current situation in Sandeshkhali, the freedom of the press is crucial as it serves as the fourth pillar, alongside the executive, legislative, and judicial branches. This pillar must be allowed to function freely and independently, without any fear of reprisal or intimidation.
Brief Facts:
The petitioner, a journalist of Republic TV, was arrested after being accused under Sections 447/448/354/ 354C/ 509/ 506 /34 of the Indian Penal Code while reporting at Sandeshkhali and filed the present application seeking bail.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner submitted that the entire proceeding suffers from malice. The first information report or the complaint, does not, prima facie, constitute any offence or make out a case against the accused. He argues that the FIR and the material collected in support of the same do not disclose the commission of any offence and make out a case against the accused. He further argues that the criminal proceeding is manifestly attended with mala fide and is maliciously instituted with an ulterior motive. He further argued that in dealing with a case for quashing of F.I.R., the High Court should not confine itself to the allegations made in the F.I.R. In frivolous or vexatious proceedings, the Court owes a duty to look into other attending circumstances emerging from the record of the case.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondents argued that since a competent jurisdictional Magistrate has declined to grant bail to the petitioner by a judicial order, the same should be challenged by the petitioner in terms of the provisions of the Code of Criminal Procedure, 1973. The jurisdiction of the Writ Court should not be invoked to interfere with a judicial order.
Observations of the court:
The court stated that Sandeshkhali has recently garnered public attention across the country due to an incident involving the assault of Enforcement Directorate officials by aides of a local political leader, namely Shajahan Sheikh. The village has witnessed prolonged protests by local women, who allege and voice concerns about repeated sexual violations at gunpoint by certain local political leaders against women in Sandeshkhali. There are also serious allegations ranging from rape to atrocities against the tribal population, who have reportedly been coerced into transferring their land to certain political leaders.
Further, it was stated that in the current situation in Sandeshkhali, the freedom of the press is crucial as it serves as the fourth pillar, alongside the executive, legislative, and judicial branches. This pillar must be allowed to function freely and independently, without any fear of reprisal or intimidation. It is through a free press that the public is informed and empowered and that the government is held accountable.
The decision of the Court:
The court allowed the application and granted bail to the petitioner.
Case Title: Santu Pan vs. State of West Bengal and Ors.
Coram: Hon’ble Ms. Justice Jay Sengupta
Case No.: W.P.A. No.4742 of 2024
Advocate for the Petitioner: Mr Mahesh Jethmalani, Sr. Adv., Mr. Sandipan Ganguli, Sr. Adv., Mr. Ravi Sharma, Adv., Mr. Saket Shukla, Adv., Mr. Apalak Basu, Adv., Mr. Zoeb Cutlerywala, Adv., Mr. Joy Pareira, Adv., Ms. Smita Mukheerjee, Adv., Ms. Saheli Bose, Adv.
Advocate for the Respondent: Mr. Kishore Dutta and Mr. Amitesh Banerjee
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