{"id":426,"date":"2020-04-23T10:29:52","date_gmt":"2020-04-23T10:29:52","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=426"},"modified":"2021-01-07T05:41:19","modified_gmt":"2021-01-07T05:41:19","slug":"the-people-have-right-to-fairly-criticize-the-administration-of-the-country-which-even-cannot-be-taken-away-by-legislature-executive-or-even-judiciary-calcutta-hc","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/the-people-have-right-to-fairly-criticize-the-administration-of-the-country-which-even-cannot-be-taken-away-by-legislature-executive-or-even-judiciary-calcutta-hc\/","title":{"rendered":"The People have right to fairly criticize the administration of the country, which even cannot be taken away by Legislature, Executive or even Judiciary: CALCUTTA HC"},"content":{"rendered":"\n

Harshit Sharma | Amity Law School, Madhya Pradesh | 26th December 2019 <\/strong><\/p>\n\n\n\n

Sanmay Banerjee V\/s. State of West Bengal & Ors. WP No. 21526\/ 2019<\/strong><\/p>\n\n\n\n

FACTS OF THE CASE<\/strong><\/strong><\/p>\n\n\n\n

  1. The\npresent petitioner claims to be a freelancer journalist and a whistle-blower\nwho is running 2 vernacular newspapers under his name and YouTube channels. <\/li>
  2. Due\nto his actions which exposed the corruptions taking place in the administrative\ndepartment or specifically saying the government sector has earned him wrath of\nthe ruling party of that State, which ultimately brought the cause of action to\npresent the writ petition before the Hon\u2019ble High Court of Calcutta. <\/li>
  3. The\nPetitioner\/Journalist was allegedly picked up around 7.30\u20107.45 p.m. on October\n17, 2019 without any prior notice, by the Officer\u2010in\u2010Charge of the Khardah\nPolice Station, along with hoodlums of the local ruling party, and was\nsubjected to tremendous torture within the precincts of the Khardah Police\nStation and mercilessly beaten up thE petitioner against all established norms\nof human rights. <\/li>
  4. Ultimately,\nthe petitioner was taken into custody by the Purulia District Cyber Crime\nPolice Station at around 4.30 a.m. and purportedly arrested in connection with\nPurulia District Cyber Crime Police Station Case No. 2 of 2019 dated September\n23, 2019 under Sections 465\/469\/500\/504\/505(1)(b) of the Indian Penal Code,\n1860 r\/W. Section 66 of the Information Technology Act, 2000.<\/li>
  5. During\ninterrogation, the petitioner was allegedly asked to admit that he had\nmanipulated and manufactured documents, including some forged appointment\nletter issued by the West Bengal Board of Primary Education. The Inspector\u2010in\u2010Charge\nof the Khardah Police Station, it is alleged, took the lead role in\nperpetrating torture upon the petitioner, which will easily be revealed from\nthe CCTV footage of the Khardah Police Station of the relevant date.<\/li><\/ol>\n\n\n\n

    Thus, the present WP was\nfiled for seeking grievance from the arbitrary action of the State officials. <\/em><\/strong><\/p>\n\n\n\n

    ISSUES\nRAISED<\/strong><\/p>\n\n\n\n

    1. Whether the procedure established by law\nwas followed while taking cognizance and thereafter investigating the matter? <\/li>
    2. Whether the proceedings initiated against\nthe petitioner is patent violation of his Right to Freedom of Speech and\nExpression? <\/li>
    3. Whether to what extent Right of Free\nSpeech be exercised and whether he present case is well within its ambit at the\ninstance of petitioner? <\/li>
    4. Whether the present case is politically\nmotivated and a clear instance of arbitrary use of power? <\/li><\/ol>\n\n\n\n

      RULING\nOF THE COURT\/ THE COURT HELD THAT<\/strong><\/p>\n\n\n\n

      Giving interim relief to\nthe petitioner while staying the proceedings in this case till the disposal of\nthe Writ Petition, no coercive action be taken against the Petitioner and CCTV\nbe produced of the Police station, on the next enlisted date for hearing in the\nmonth of January, and observed the following points and opined the following\nratios: <\/p>\n\n\n\n

      1. “A\nbare perusal of the offences with which the petitioner was charged shows that\nall offences under the IPC were non\u2010cognizable offences, apart from Section 469\nof the IPC, which was cognizable but bailable. As such, the police could not,\nof its own, commence investigation on any of such allegations.”<\/li>
      2. “It\nis not clear at all as to how the criticism of the State Government and its\nfunctionaries and a Member of Parliament could be deemed to be publication of a\nstatement likely to cause fear or alarm to the public at all, let alone whereby\nsuch person may be induced to commit an offence against the State or against\nthe public tranquillity,” with regard to the charge of\nSection-505(1)(b) of IPC, 1860. <\/em><\/li>
      3. “The\npeople always have a right to criticize the dispensation running the\nadministration of the country, being the Government or the Executive. Even the\nJudiciary and the Legislature are not exempt from fair criticism. That is what\nthe freedom of speech and expression, as enshrined in the Constitution, is all\nabout. In fact, it is criticism which helps in good governance and keeps a\nleash on public functionaries, providing a touchstone for the Executive to test\nthe worth of their public endeavours.”<\/li>
      4. Moreover,\nthe action of the police in the present case appears to be patently mala fide\nand reeks of political rather than legal motivation, in view of all the persons\nwho were alleged to be victims of the petitioner\u2019s act in the complaint\nbelonging to the present ruling dispensation of the state and APP has no locus\nstandi.<\/li><\/ol>\n\n\n\n
        As clarified, these are\nthe tentative observations standing on the touchstone of when this Writ Petition\nwill attain finality with its final observations, because the WP at present is\nat the stage for Interim relief and maintainability of this petition. <\/em><\/strong><\/pre>\n","protected":false},"excerpt":{"rendered":"
        Harshit Sharma | Amity Law School, Madhya Pradesh | 26th December 2019 Sanmay Banerjee V\/s. State of West Bengal & Ors. WP No. 21526\/ 2019 FACTS OF THE CASE The present petitioner claims to be a freelancer journalist and a whistle-blower who is running 2 vernacular newspapers under his name and YouTube channels. Due to […]<\/p>\n","protected":false},"author":144,"featured_media":414,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[28],"tags":[],"yoast_head":"\nThe People have right to fairly criticize the administration of the country, which even cannot be taken away by Legislature, Executive or even Judiciary: CALCUTTA HC - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/the-people-have-right-to-fairly-criticize-the-administration-of-the-country-which-even-cannot-be-taken-away-by-legislature-executive-or-even-judiciary-calcutta-hc\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The People have right to fairly criticize the administration of the country, which even cannot be taken away by Legislature, Executive or even Judiciary: CALCUTTA HC - LexForti\" \/>\n<meta property=\"og:description\" content=\"Harshit Sharma | Amity Law School, Madhya Pradesh | 26th December 2019 Sanmay Banerjee V\/s. 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.\",\"sameAs\":[\"https:\/\/www.facebook.com\/harshit.sharma.1048\"],\"url\":\"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"The People have right to fairly criticize the administration of the country, which even cannot be taken away by Legislature, Executive or even Judiciary: CALCUTTA HC - LexForti","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/lexforti.com\/legal-news\/the-people-have-right-to-fairly-criticize-the-administration-of-the-country-which-even-cannot-be-taken-away-by-legislature-executive-or-even-judiciary-calcutta-hc\/","og_locale":"en_US","og_type":"article","og_title":"The People have right to fairly criticize the administration of the country, which even cannot be taken away by Legislature, Executive or even Judiciary: CALCUTTA HC - LexForti","og_description":"Harshit Sharma | Amity Law School, Madhya Pradesh | 26th December 2019 Sanmay Banerjee V\/s. 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.","sameAs":["https:\/\/www.facebook.com\/harshit.sharma.1048"],"url":"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/"}]}},"views":116,"_links":{"self":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/426"}],"collection":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/users\/144"}],"replies":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/comments?post=426"}],"version-history":[{"count":1,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/426\/revisions"}],"predecessor-version":[{"id":6982,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/426\/revisions\/6982"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media\/414"}],"wp:attachment":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media?parent=426"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/categories?post=426"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/tags?post=426"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}