26 Feb 2024 2:18 PM GMT
The Calcutta High Court has stayed all criminal proceedings against ABP Ananda news anchor Suman De, who was accused under Sections 153 and 505 of the IPC for making allegedly misleading claims pertaining to the events in Sandeshkhali on his Bengali news show 'Ghantakhanek Songe Suman'.
It was alleged that the anchor had wrongfully contended that the police had not opposed the bail prayer of two accused, leading to violent attacks on the police due to such provocation.
De submitted that the channel, as well as he had issued several clarifications and tendered apologies due to the error which occurred as a result of miscommunication between the news channel and the petitioner's advocate.
A single bench of Justice Kausik Chanda stayed the proceedings against De and held:
It was contended that the petitioner had indeed made a mistake on his news show, and that the error was immediately corrected as well.
It was argued that the error occurred due to a miscommunication between the accused's advocate and news channel, and an apology was also issued, due to which the said proceedings needed to be stayed.
Advocate General for State submitted that the petitioner had admitted his guilt and the mere apology could not absolve him of the criminal offences.
It was argued that the said news item generated resentment among local people, and this led to demonstrations against the police.
It was further submitted that no coercive steps had been taken against the petitioner, and a Section 41A CrPC notice had been issued, to which his response was awaited.
Court noted that the petitioner had admitted his mistake, and that the State could not question that the news item had been rectified.
Accordingly, it held that a bona fide mistake in reporting such as the present case, could not invite sanction under Sections 153 and 505 IPC.
The proceedings were accordingly stayed, with the Court also pointing out its earlier order whereby it granted bail to Republic TV journalist Santu Pan, who was arrested in Sandeshkhali.
Order to be added shortly.