Authority: High Court at Calcutta, Constitutional Writ Jurisdiction
Order Date: 09 October 2026
Case Overview
- Parties: Petitioner Sk. Safikul Islam (journalist, operator of Arambagh TV) vs. Union of India & others; de facto complainant identified as Subhashish.
- FIR Details: Cyber Crime Police Station, Hooghly Rural, Case No. 6 of 2024, registered on 15 August 2024 under Sections 340(2), 353(1)(b)(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.
- Complaint Background: Subhashish alleged that a video broadcast by Shafiq Islam on Arambagh TV contained a female voice claiming that RG Kar Hospital violated rules and that a protest rally was being organised inside the hospital. He claimed the broadcast was false, amounted to defamation, and could disturb public peace, invoking Section 420 IPC and the BNS provisions.
- Petitioner’s Contentions: Safikul Islam asserted that the FIR was one of several false cases filed against him since 2005 due to his critical reporting, and that his bank account (No. 35126107782, State Bank of India) was frozen by order of the Additional Chief Judicial Magistrate, Hooghly, affecting his livelihood.
- Interim Relief: On 4 October 2024 the Court stayed all proceedings, directed police not to take coercive action, and ordered immediate defreezing of the SBI account, while permitting the investigating officer to obtain a detailed transaction statement.
- Intervention: The de facto complainant filed CAN 1 of 2026 seeking impleadment, stating he no longer wished to pursue the prosecution and would not object to quashing the FIR. The Court allowed the intervention.
- Legal Analysis: The Court examined the statutory elements of Sections 340(2), 353(1)(b)(2) and 352 BNS. It found:
- No allegation of forged document or electronic record (Section 340(2)).
- No specific false statement identified, nor intent to cause fear, alarm, or communal hatred (Section 353).
- No intentional insult intended to provoke breach of peace (Section 352).
- Even assuming the complaint’s allegations as true, the essential ingredients of the offences were absent.
- Abuse of Process: The Court observed that the proceeding appeared malicious and an abuse of process, especially since the complainant withdrew support.
Final Outcome
- The Court quashed Cyber Crime Police Station, Hooghly Rural, Case No. 6 of 2024 dated 15 August 2024, and all proceedings arising therefrom.
- The bail bond furnished by the petitioner in connection with the case was discharged.
- The order was to be transmitted to the jurisdictional magistrate for records and necessary action.
Topics: Legal Judgment, Media Freedom, Criminal Procedure