Kolkata (West Bengal): Perceiving that efforts have been made to silence the voice of a journalist, the Calcutta High Court has granted anticipatory bail to an ETV Bharat reporter who was booked under three different allegations.
A division bench of Justices Soumen Sen and Bibek Chaudhuri granted anticipatory bail to Abhishek Dutta Roy, an ETV Bharat correspondent in West Bengal's Birbhum district, against all criminal charges filed against him.
The case was filed against Roy for the first time when he tried to investigate an accident case in which a police van hit a passer-by, Sheikh Shafiqul, at Bolpur bypass while chasing some sand trucks.
According to the petition, the police were chasing the sand trucks to get commissions from the sand traders, but due to the reckless driving, they hit the man who later succumbed to his injuries in a hospital. The SDPO, Bolpur Police did not react to the incident.
The top court of West Bengal said, "It is the fundamental right of a journalist to publish any news, which may not be acceptable to the administration. It cannot be denied that incidents of police taking bribes are being frequently noticed and reported. We feel in order to stifle and muzzle the voice of the reporter this case has been registered against the petitioner."
Besides, the bench said the Superintendent of Police (SP), Bolpur, has been directed to initiate an enquiry regarding registration of the First Information Report (FIR) against the ETV reporter and to investigate about the collection of money by the police personnel, the incident of which had been published by the reporter and take appropriate action against the offenders.
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Roy filed another news report in May 2020, on illegal sand mining from the Ajoy River. Use of heavy machinery for mining of sand from the riverbed is strictly restricted by the administration.
After interacting with Birbhum District Magistrate Moumita Godara Basu, who said the administration will look into the matter and if there was any negligence, necessary action will be taken, Roy filed the news.
Later, a case was registered against Roy at the Illambazar Police Station.
After hearing the plea, the HC said in the process of investigation the petitioner has not been served with a notice under Section 41A of the Code of Criminal Procedure, thereby indicating that the petitioner’s presence was required for interrogation.
"A press reporter is expected to make public awareness regarding illegal activities taken place in society, and a proper press reporting of any such incidents would assist the administration is taking appropriate measures against the offenders," said the High Court, adding at this stage they are not concerned with the falsity or truth of what has been published, but considering the report published and the nature of the offence disclosed in the complaint, the judiciary felt that there is hardly any necessity of the petitioner to be taken in custody for interrogation.
In the third case of February 2019, Roy published a report regarding an objectionable photoshoot which was conducted in a resort at Sonajhuri forest in Bolpur. Following that, locals staged a protest against the negligence of the authority. However, the resort authorities denied everything.
A complaint was lodged against Roy stating that he falsely published the news to defame the resort.
On the basis of the complaint, the ETV Bharat reporter was called at Santiniketan Police Station under Section 41A of the Code of Criminal Procedure.
The Calcutta High Court, however, observed that on perusal of the report published by the petitioner, the judiciary found that no criminal act has been committed by the ETV Bharat correspondent. Therefore, the court inclined to grant anticipatory bail to the petitioner.
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