The Calcutta High Court has granted a stay on all criminal proceedings against ABP Ananda news anchor Suman De. De was accused under Sections 153 and 505 of the IPC for allegedly making misleading claims related to the events in Sandeshkhali on his Bengali news show ‘Ghantakhanek Songe Suman.
It was alleged that the anchor had falsely claimed that the police had not opposed the bail plea of two accused individuals, which allegedly provoked violent attacks on the police.
De submitted that both the channel and he had issued several clarifications and apologies for the error, which arose due to 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 aforementioned admitted facts, the necessary elements to attract Sections 153 and 505 of the Indian Penal Code are not satisfied. When the petitioner promptly clarified the reasons for such a mistake and also issued an apology, it cannot be said that the news was telecast “malignantly” or “wantonly” to provoke anyone to cause the offense of rioting. A bona fide mistake in reporting a court proceeding does not constitute the offenses under the aforementioned penal provisions.
it was argued that the petitioner had indeed made a mistake on his news show, and that the error was promptly corrected.
It was argued that the error occurred due to a miscommunication between the accused’s advocate and the news channel, and an apology was issued as a result. Therefore, the proceedings needed to be stayed.
The Advocate General for the State submitted that the petitioner had admitted his guilt, and a mere apology could not absolve him of the criminal offences.
It was further submitted that no coercive steps had been taken against the petitioner, and a Section 41A CrPC notice had been issued, pending his response.
