The division bench of Calcutta high court justice Bibek Chaudhuri and Justice Soumen Sen made an observation in the matter of a Birbhum journalist whose report was on illegal sand-mining that ‘’fundamental right of a reporter to publish news of any unlawful activity in an honest way “and proper reporting can help the administration act against offenders while allowing plea for anticipatory bail.
The report of journalist exposed some events such as a police vehicle chasing truck that led to an accident in which a person died, and another is some cops collecting bribes from trucks occupants. Also, the court granted him bail states mentioning that “it cannot be denied that incidents of police taking bribes from vehicles are frequently noticed and reported “, also court added it felt a case was registered to stifle and muzzle the voice of the reporter
The Court directed the superintendent of police of Birbham to quash the FIRs against the reporter and investigate the bribery incident mentioned in the report and “take appropriate action against the offenders”.Court mention we are not concerned with the falsity or truth of what has been published. But, considering the report and the nature of the offence in the Complaint, we feel there is hardly any necessity for the Petitioner to be taken in custody for interrogation,” it added.
Court also specify section 41 A of Cr.P.C. should have been issued against Complainant and if the contents of the report were found to be right, the Complainant will “liable to be prosecuted” the Court said.