Calcutta HC Directs Rahul Shivshankar To Appear Through VC Mode In Probe Over 'Defamatory' Audiotape On Abhishek Banerjee Run By Times Now

The Calcutta High Court directed Times Now news channel's Editor-in-Chief, Rahul Shivshankar to appear through Video Conferencing mode in probe over the matter related to telecast of a 'defamatory' audiotape about Mamata Banerjee's Nephew and Loksabha MP, Abhishek Banerjee on Times Now news channel.

The Bench of Justice Kaushik Chanda said:

"Interest of justice will be subserved, if Mr. Rahul Shivshankar, against whom the notice under Section 41A of the Code of Criminal Procedure has been issued, is directed to co-operate with the investigation.

However, Shivshankar was permitted to respond to the notice issued under Section 41A of the Code of Criminal Procedure via Video Conference.

The matter before the Court

An FIR had been registered against the 'Editor of Times Now', on the complaint of Banerjee for a news item circulated on "Twitter handle of "Times Now" on April 4, 2021, and in the said news item, "Times Now" had played an audiotape which contained an alleged recorcling of a conversation between two people.

In the FIR, it has been alleged that on the basis of the alleged tape, whose authenticity "Times Now" didn't vouch for, several derogatory, defamatory and disparaging statements were made against the de facto complainant (Abhishek Banerjee),

it was further alleged that "Times Now" had deliberately published the audiotape in which Banerjee's involvement in several scams was talked about, despite knowing that the contents of the said video were unsubstantiated, unverified.

Lastly, Banerjee alleged that "Times Now" in conspiracy with political rivals, had manufactured fake audiotapes and released the same amidst the State Assembly Elections in West Bengal to run a smear campaign against the defacto complainant and his party, the All India Trinamul Congress (AITC).

Submissions made before the Court

Shivshankar moved the Court for quashing of the proceeding pending before the Chief Judicial Magistrate, at Alipore, South 24 Parganas under Sections 171G/466/ 469/474/ 500/501 /504/120B of the Indian Penal Code

The advocate for the Shivshankar submitted before the Court that the allegations made in the complaint, at the behest of Banerjee, did not constitute offences under the aforesaid sections.

He says that the nature of the complaint itself made it clear that no criminal proceeding could be initiated on the basis of such a complaint.

On the other hand, Kishore Dutta, the Advocate General submitted that the allegations made in the complaint on its face disclosed ingredients of the alleged offences and as such, the criminal proceedings cannot be quashed at this stage.

Lastly, it was argued by Dutta that the petitioner, in the case, is a company whereas the notice has been issued against an individual being the Editor-in-Chief of the news channel. Thus, he questioned the maintainability of the instant petition.

Court's order

Permitting him to respond to the notice issued under Section 41A of the Code of Criminal Procedure via Video Conference, the Court also kept it open to the investigating agency to meet Rahul Shivshankar at Delhi giving 48 hours prior notice for the purpose of investigation.

The matter will next appear after four weeks and the question of maintainability of the application was kept open by the Court.

Advocates Debasis Roy, Sandipan Ganguly, and L. Vishal Kumar appeared on behalf of Bennett Coleman & Rahul Shivshankar.

Case title - Bennett Coleman & Company Limited v. The State of West Bengal & Anr

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