GANGTOK,: An innocuous post by Darjeeling-based news portal ‘The Darjeeling Chronicle’ (TheDC) on August 27, 2020 wishing the then TMC alliance leader Tshering Dahal early recovery from Covid, had turned politically contentious, after the then GJM2 (current BGPM) leaders objected to the post.
Following which multiple police complaints had been filed by various factions of Nari Morcha across many police stations in the hill regions of Darjeeling and Kalimpong hills. After this, an FIR was filed against the then Editor-at-Large of TheDC, Upendra Pradhan at the Kalimpong Police Station, despite TheDC team apologizing for the post through their Facebook page, and the Nari Morcha (GJM2) issuing a public statement that they have accepted the apology.
With Sashi Pradhan, then chief co-ordinator of the Gorkha Janmukti Nari Mocha (GJM2) of Kalimpong District Committee as the chief complainant, the Kalimpong Police pursued the case G.R 236 of 2020 (CIS – 93/22) and filed a chargesheet against Upendra on the 31st of December, 2021 under Section 505(2) of the Indian Penal Code.
The case was first heard in Kalimpong District Court, where Upendra – represented by his lawyer Roshni Rai had filed for dismissal of the case.
After hearing the case, the Judicial Magistrate Saptamita Das had denied dismissal of the case stating that “the ground on which discharge has been sought for u/s 239 of CrPC is misconceived. More so, when a charge sheet has been submitted u/s 505(2) of IPC against the accused above named after the completion of investigation it cannot be quashed at this stage. The prosecution must get an opportunity to bring evidence. The cognizance of the offense has also been taken.”
Following which, a revision petition was filed in the Jalpaiguri Circuit Bench of Calcutta High Court with a request for quashing the case.
Mayank Bhandari, lawyer for Upendra, contended that there were no grounds for charging him under Section 505(2) of the IPC, as it did not contain any contain rumor or alarming news, promoting the feeling of enmity, hatred or ill will or relating to any religion, race, and place of birth, which was objected to by the State counsellors.
Following the hearing, Justice Bibhas Ranjan De observed, “Having gone through the revisional application along with all the annexures particularly the post, which is why the impugned proceeding was initiated. On perusal of the post already collected in course of investigation as well, I find that the words of the post do not attract the offence punishable under Section 505(2) of the Indian Penal Code. There is nothing mentioned about any rumor, promoting, filing of enmity, hatred or against any religion race.
Therefore, I am of the view that the offence alleged in the written complaint did not disclose any offence punishable under Section 505(2) of the Indian Penal Code.”
The court noted, “Therefore, further proceedings of the case would be a glaring example for abuse of the process of Court.”
The court then ordered, “In the aforesaid view of the mater, the proceeding in connection with Kalimpong Police Station Case No.170 dated 28th August, 2020 corresponding to G.R. Case No.236 of 2020 under Section 505(2) of the Indian Penal Code stands quashed.”
Darjeeling Chronicle issued a statement saying, “We are most grateful to our lawyers Mayank Bhandari and Roshni Rai for pursuing the case on behalf of our team member. Their help and support enables us to report fearlessly. In quashing the case, the court has upheld the freedom of speech, and rightfully prevented the misuse of judicial process by politicians and administration, to continue harassing journalists on frivolous grounds.”
