Vande Bharat Stone Pelting Tweets| Calcutta High Court Stays Coercive Action Against TV Today Network, Its Dy Editor Till March 20

The Calcutta High Court on Monday extended its interim order staying any coercive steps against the TV Today Network and India Today's Deputy Editor Indrajit Kundu till March 20, in connection with an FIR lodged against them u/s 153A IPC for making Twitter posts regarding the Vande Bharat Train Stone Pelting incident of January 2023.

The order was passed by the bench of Justice Bibek Chaudhuri after the Advocate General remained absent before the Court to answer a query raised by the High Court on February 27 as to whether an alleged statement of Chief Minister Mamata Banerjee, made in the backdrop of the same incident, falls under the ambit of Section 153A IPC for promoting enmity between the residents of Bengal and Bihar.

Essentially, the bench had sought the explanation of the Advocate General on the abovesaid query while dealing with a plea moved by TV Today Network and India Today's Deputy Editor seeking the quashing of a case registered against them for their alleged tweets concerning the incidents of stone pelting and breaking and smashing portion of the window pane of Vande Bharat Express.

It may be noted that as per the complaint made against the TV Today Network and India Today's Deputy Editor, they allegedly caused incitement and agitation in the minds of a particular community. Consequently, both of them moved before the HC seeking quashing of the case against them. 

Earlier, on Feb 27, while seeking an explanation from the AG regarding CM's Statement, the Court had observed that prima facie the content of the Twitter posts made by India Today's Deputy Editor Kundu offence under Section 153A IPC was not made out against the petitioners.

With this, the Court had also directed the police authorities to not take action against TV Today and its Deputy Editor Kundu till March 10.

Now, since as a result of the bereavement of the family, the Advocate General could not come before the Court on Monday, the Court extended the interim order till March 20 and posted the matter for hearing on that day.

For context, the literal translation of CM Banerjee's statement (originally in the Bengali language) reads thus:

"This has not happened in Bengal. This has happened in Bihar. People in Bihar might be aggrieved. Even if people in Bihar have committed such an incident you cannot insult them. I feel that they also have the right to receive, just because BJP is not there that does not mean that they should not receive. And what is Vande Bharat?.. An old train has been colored and refurbished except the engine. So many old trains from here have been withdrawn. During my tenure, I would give at least 100 trains in a year. But in the last 11 year, not one new train has been given except this one. The people who insult Bengal, I condemn them and we will make arrangements to tackle fake news."

Advocates Rajdeep Mazumder, Rudrajit Sarkar, A. Basu, Sayan Mukherjee, Tamaghna Saha and Radhika Agarwal appeared for the petitioners.

Case title - T.V. Today Network Limited & Anr vs Unknown [CRR/265/2023]

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