It is the fundamental right of a press reporter to publish news that may not be palatable to the Administration: Calcutta HC

The Calcutta High Cout recently allowed plea for anticipatory bail moved by an ETV Reporter, Avishek Dutta Roy, whose report on bribery among police officials and alleged illegal sand mining had resulted in an FIR being filed against him.

Roy, a reporter with ETV Bharat, is stated to have reported of police officers indulging in bribery and rash and negligent driving, resulting in the death of a person.

The journalist reported that he had witnessed money being exchanged between a few police officers and the passengers of a truck loaded with sand. The report further stated that the rash and negligent driving of a police vehicle resulted in the death of a person.

This report invited the registration of a police complaint against Roy on June 2, 2020.

Finding that the complaint prima facie appeared to be ill-motivated, the Bench of Justices Soumen Sen and Bibek Chauduri held,

"It is the fundamental right of a press reporter to publish any news, which may not be palatable to the administration. It cannot be denied that incidents of the police taking bribes from vehicles 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."

The Court noted that the police seemed to have taken cognizance of the journalist's report that implicated some of its own personnel.

Opining that the complaint appeared to be a muzzle on the Roy's journalistic freedom, his application for anticipatory bail was allowed.

The Court further directed the Police to initiate the inquiries regarding:

• the registration of the first information report against the ETV reporter,

• the journalist's report of bribery on the part of the police personnel, and

• the initiation of appropriate action against the offenders.

Advocate Nazir Ahmed represented the Petitioner and Advocates Prasun Kumar Datta and Santanu Deb Roy appeared for the State.

Read the Order here: