Calcutta High Court Restrains WB Police From Taking Coercive Action Against BJP IT Cell Head Amit Malviya Over Allegedly Communal Comments On Saraswati Puja

The Calcutta High Court has temporarily restrained the state police from taking any coercive action against BJP IT Cell Head Amit Malviya who had been implicated in a criminal case for allegedly inciting communal tensions.

A single bench of Justice Jay Sengupta took note of the tweet posted by Malviya on 'X' formerly Twitter, which was alleged to have incited communal hatred by making uncalled for remarks against the alleged halting of Saraswati puja in schools across West Bengal. 

The bench also called for the State's reply and stated that in case the police would wish to interrogate Malviya, then could do so virtually, and no coercive action could be taken against him.

These observations came in a plea moved by Malviya to quash the FIR which had been filed against him for posting the allegedly offensive tweet wherein he accused Chief Minister Mamata Banerjee of playing 'communal politics' by not allowing Saraswati puja in Bengal schools. Malviya had also alleged that Congress leader Adhir Ranjan Chowdhury had 'vandalized' the goddesses idols.

Accordingly, an FIR was registered and Malviya was booked under Section 153A and 505 of the IPC.

Malviya's counsel attempted to justify the remarks by stating that the State had indeed stopped Sarswati puja in schools as picked up in news reports and that there was no outbreak of communal tensions after the remarks. It was stated that the FIR was politically motivated and malicious.

Counsel for the state argued that a prima facie case had been made out and sought time to respond to the contentions.

The matter has now been posted for hearing after the summer vacations.

Case: AMIT MALVIYA v STATE OF WEST BENGAL AND ORS

Case No: WPA/8867/2024