Calcutta HC Grants Interim Relief To Congress's Adhir Ranjan Chowdhury In Case Over Allegedly Spreading False Rumors About Attack On Rahul Gandhi's Convoy

The Calcutta High Court has granted interim relief to Congress State President Adhir Ranjan Chowdhury in FIRs registered against him under Sections 153A (promoting enmity), 505(1)(b) and 505 (2) of the IPC. 

It was alleged that during Rahul Gandhi's yatra from Manipur to the West, the rear windshield of the leader had been damaged and that the petitioner had been spreading rumors that the incident occurred in West Bengal, whereas it had occurred before the rally entered the state. 

In directing the State police to not take any coercive actions against the petitioner till the disposal of the present writ petition, a single bench of Justice Jay Sengupta held:

The matter needs to be heard at length. The investigating agency shall not file any report in final form without the leave of this Court. No coercive action shall be taken by the investigating agency against the petitioner during pendency of this application.

Further, the Court directed that if any interrogation is needed to be made, it would be done through video conferencing after 48 hours prior notice and that the petitioner may be at liberty to seek a stay of the proceedings at the next date of hearing. 

Petitioner had argued that the allegations did not tantamount to any offense, far less the sections of the IPC he was charged with.

Counsel for the State argued that the utterances of the petitioner, who was a prominent leader of a political party likely intended to cause fear in the minds of the people and could have investigated offenses against public tranquility. 

Upon hearing the arguments, the Court noted: It has to be tested whether at all any utterance of such nature, as alleged, is capable of inciting someone to cause an offense against the State or against public tranquility as referred to in Section 505(1)(b) of the Penal Code. However, supporters of a particular political party are hardly capable of being termed as a group in respect of 505(2) of the Penal Code.