Fourth Estate cannot be curtailed or intimidated by State: Calcutta High Court stays FIR against TV journalist

The Calcutta High Court recently stayed a First Information Report (FIR) lodged against a TV journalist booked for trying to "polarise" the situation in the State by making derogatory speeches against the minority community [Manogya Loiwal v. State of West Bengal]..Justice Rajasekhar Mantha in his order said that the media, being the fourth pillar of democracy, cannot be intimidated by the State."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 plea filed by one Manogya Loiwal, who was accused of spreading false, concocted and misleading information about the recent Ram Navami violence that broke out in some parts of the State. Her speech allegedly brought about polarisation in society between two linguistic communities. It was also alleged that her statements would provoke the spread of riots in different parts of West Bengal. She was, therefore, booked on charges of criminal conspiracy (Section 120B), instigating communal violence (Section 153A) and promoting enmity between two groups (Section 505), punishable under the Indian Penal Code (IPC). .The Court, however, noted from the case diary that the police did not conduct "due and appropriate enquiries" before registering 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 judge opined.It further stated that the materials on record do not indicate any clear 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," the order reads..The FIR was thus stayed till further orders, and the Court sought the police's reply to the journalist's petition. The matter will be heard after four weeks..Advocates Billwadal Bhattacharyya, Sabyasachi Chatterjee, Akashdeep Mukherjee, Badrul Karim, Pritam Chatterjee, Soummyadeep Nag, Kiron Sk and Soumali Das appeared for the petitioner. Advocate Debasish Ghosh represented the State. .[Read order]