Calcutta HC asks police not to take action against Anandabazar Patrika journalists

The Calcutta High Court has directed the West Bengal Police not to take coercive action against journalists of Anandabazar Patrika until December 15 in connection with FIRs registered over the newspaper’s use of the phrase “gerua gundami”, or saffron hooliganism, in headlines, LiveLaw reported.

Justice Saugata Bhattacharyya issued the direction while hearing a petition filed by the journalists seeking protection from arrest in connection with the cases. The matter will next be heard on December 1.

On September 2, the high court had declined to grant an urgent hearing to two journalists facing an FIR over the use of the phrase, the Wire reported.

During the latest proceedings, senior advocates S N Mookherjee and Sandipan Ganguly, assisted by advocates Arunabha Deb and Ashika Daga, represented the journalists.

At an earlier hearing before Justice Bhattacharyya, West Bengal’s additional advocate general, Rajdeep Majumdar, had assured the court that the government would not take coercive steps against the journalists, provided they cooperated with notices issued by investigating authorities, according to LiveLaw.

The action against the journalists has drawn criticism from press organisations. The Federation of Press Clubs had called for the withdrawal of the criminal case, describing the registration of the FIRs as vindictive and inconsistent with the good governance promised by the government led by Suvendu Adhikari.

The newspaper had published front-page reports on the clashes at Jadavpur University on August 21 in two editions, using different headlines. One headline referred to “Gerua gundami”, while the other used the phrase “Pratik bhenge gerua gundami”, referring to saffron hooliganism and the breaking of an emblem.

The emblem mentioned in the reports is located at the university gate and was designed by artist Nandalal Bose.

The Bowbazar police registered the FIR on August 28 following a written complaint submitted a day earlier by Sanjay Shastri Maharaj, who was identified in the complaint as a saffron-clad Hindu monk.

The FIR named editor Ishani Dutta Roy and chief reporter Soma Mukherjee as accused, along with the unnamed members of the newspaper’s editorial team.

The case was registered under Sections 196, 299, 352 and 3(5) of the Bharatiya Nyaya Sanhita. The provisions relate to promoting enmity between groups, deliberate acts intended to outrage religious feelings, intentional insult intended to provoke a breach of peace and common intention, respectively.

The common intention provision was also invoked to include unidentified members of the editorial team in the case.

The high court is scheduled to take up the matter again on December 1.