Calcutta HC Stays Probe In Case Against 'ABP Ananda' For Airing 2 Programmes Including An Interview With A Sitting HC Judge

The Calcutta High Court recently stayed the investigation in a case registered against news channel 'ABP Ananda' for airing two programmes including an interview with a sitting HC judge as it noted that the authorities had initiated an investigation against the news channel on the basis of a complaint, with a definite political leaning.

"An investigation cannot be initiated on the basis of conjectures and assumptions. It is also well-settled that a First Information Report is not a substantive piece of evidence and can only be used for corroborating or contradicting the maker of the complaint at an appropriate stage in the investigation. The fact that the authorities have initiated an investigation against a news media channel on the basis of a complaint with definite political leanings is significant since it touches upon the constitutional guarantees of freedom of speech and expression and protection in respect of conviction for offences under Articles 19 and 20 respectively," remarked the bench of Justice Moushumi Bhattacharya.

It may be noted that ABP Ananda had, last month, aired an interview of one of the sitting Judges of the High Court, Justice Abhijit Gangopadhyay, wherein he had he has spoken in detail about a series of orders that he had passed including that of directing the Central Bureau of Investigation to conduct an investigation in cases pertaining to alleged recruitment scams in the appointment of teachers and non-teaching staff in government schools in West Bengal.

Watch Live Law's coverage of the interview here: Rampant Corruption So Ordered CBI Probe: Sitting Calcutta HC Judge Gives TV Interview

The case in brief

Essentially, a complaint was made by an All-India Trinamool Congress (AITC) supporter on September 27, 2022, against 'ABP Ananda' and its employees for airing a speech of a political leader of the former ruling party of the State and for running an interview of a sitting Judge of the High Court.

It was his case that both these telecasts were politically provocative with the potential of sullying the image of the present ruling party of the State. It was also alleged that the news channel and its employees were involved in spinning a false narrative for lowering the reputation of the AITC and creating a sense of alarm in the minds of the viewers

The complaint so made was treated as a First Information Report for the commission of offences punishable under Section 153, 155A, 153B, 500, 505(1)(b) and 120B.

Aggrieved by the same, ABP Ananda moved the High Court with the instant plea seeking to quash the investigation in the case and to stay the proceedings pending before the Additional Chief Judicial Magistrate, Alipore

High Court's observations 

Having carefully analyzed the complaint, the Court, at the outset, noted that the complaint contained a series of assumptions on the possible consequences of the telecasts in question (a speech by a political leader and an interview with the sitting judge).

The Court further observed that statements made in the complaint regarding the possible disruption of public tranquility, incitement of hatred, disruption of peace and harmony in the State, and creating a sense of false alarm in the minds of the people due to the telecasts in question, were mere speculations and the same did not disclose the factum of the actual commission of the specific offences mentioned in the complaint.

"The complaint merely records telecast of two programmes on ABP Ananda. The bulk of the complaint is a series of apprehensions on the possible response of and effect on the viewing public following the telecast of the stated content. Further, the projected outcome of the content telecast is curiously restricted to the festive season," the Court remarked as it opined that the complaint failed to even disclose a link between the alleged offence and the apprehended public reaction.

Significantly, the Court also found fault with the initiation of the investigation pursuant to the filing of the complaint in question as the bench observed that the complaint made and the investigation impugned in the application lacked the essential factual and statutory basis.

"The objection taken on behalf of the State is considered. The objection, in essence, is the apparent innocuous nature of the investigation coupled with the undertaking that the investigation shall not reach finality without the leave of the Court. This objection is however not acceptable since a complaint or an investigation pursuant thereto must have statutory force and cannot be permitted solely for the asking or merely for the reason that the investigation has commenced," the Court further added as it rejected state's objection.

Consequently, the Court stayed the investigation until the matter is heard out by the Regular Bench and listed the matter on 7th November 2022.

Case title - ABP Network Pvt. Ltd. v. State of West Bengal

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