Bona-Fide Mistake In Court Reporting Doesn't Constitute Penal Offence: Calcutta HC Stays Proceedings Against News Anchor Suman De

The Calcutta High Court has stayed all criminal proceedings against ABP Ananda news anchor Suman De, who was accused under Sections 153 and 505 of the IPC for making allegedly misleading claims pertaining to the events in Sandeshkhali on his Bengali news show 'Ghantakhanek Songe Suman'.

It was alleged that the anchor had wrongfully contended that the police had not opposed the bail prayer of two accused, leading to violent attacks on the police due to such provocation.

De submitted that the channel, as well as he had issued several clarifications and tendered apologies due to the error which occurred as a result of miscommunication between the news channel and the petitioner's advocate. 

A single bench of Justice Kausik Chanda stayed the proceedings against De and held:

I am of the view that in the aforesaid admitted facts the required ingredients to attract Sections 153 and 505 of the Indian Penal Code are not satisfied. When the petitioner immediately with promptitude clarified the reasons for such a mistake and also sought for an apology, it cannot be said that the said news was telecast “malignantly” on “wantonly” to give provocation to any persons to cause offence of rioting. A bona-fide mistake in reporting a court proceeding does not constitute the offences under the aforesaid penal provisions.

It was contended that the petitioner had indeed made a mistake on his news show, and that the error was immediately corrected as well.

It was argued that the error occurred due to a miscommunication between the accused's advocate and news channel, and an apology was also issued, due to which the said proceedings needed to be stayed.

Advocate General for State submitted that the petitioner had admitted his guilt and the mere apology could not absolve him of the criminal offences.

It was argued that the said news item generated resentment among local people, and this led to demonstrations against the police. 

It was further submitted that no coercive steps had been taken against the petitioner, and a Section 41A CrPC notice had been issued, to which his response was awaited.

Court noted that the petitioner had admitted his mistake, and that the State could not question that the news item had been rectified.

Accordingly, it held that a bona fide mistake in reporting such as the present case, could not invite sanction under Sections 153 and 505 IPC.

The proceedings were accordingly stayed, with the Court also pointing out its earlier order whereby it granted bail to Republic TV journalist Santu Pan, who was arrested in Sandeshkhali.

Read more: 'Govt Held Accountable By A Free Press': Calcutta High Court Grants Bail To Republic TV Journalist Arrested In Sandeshkhali