The Calcutta High Court quashed the case against a man accused of mocking Mamata Banerjee in a YouTube video. Justice Ajay Kumar Gupta stated that there was no strong evidence or valid grounds to continue the trial. He noted that filing a charge sheet without solid proof is not enough to justify legal proceedings. The verdict reinforces the importance of substantial evidence in criminal cases.
Calcutta: Criminal charges against an individual who allegedly mocked West Bengal Chief Minister Mamata Banerjee and other political figures on YouTube have been dismissed by the Calcutta High Court.
Justice Ajay Kumar Gupta stated,
“Upon thorough examination of the materials in the case diary, this court finds no sufficient or credible evidence, nor even a prima facie case against the petitioner. The mere filing of a charge sheet without substantial evidence cannot justify the continuation of the trial,”
He further noted,
“Even if we assume for argument’s sake that the proceedings continue, the likelihood of a conviction for the petitioner appears highly unlikely. Consequently, continuing the criminal proceedings would result in significant oppression and prejudice to the accused. Therefore, it would not be justifiable to continue, and to ensure justice is served, the proceedings should be quashed.”
The petitioner sought to stay proceedings stemming from the complaint by submitting a criminal revision application under Section 482 of the Code of Criminal Procedure. The complaint alleged that he and others planned to upload demeaning videos of Mamata Banerjee and other leaders on YouTube in 2022.
The petitioner contended that he was wrongfully implicated, asserting his innocence and claiming that the criminal actions were initiated with malicious intent to take revenge against him. He argued that allowing the proceedings to advance would constitute an abuse of the court system and subject him to undue harassment.
It was also claimed that the case, which involved derogatory remarks against the Chief Minister, led the investigating officer to file the charge sheet without a proper investigation.
The trial court acted solely on the charge sheet’s submission without exercising judicial discretion or independently assessing the contents, despite the lack of sufficient prima facie evidence.
The state’s attorney maintained that the investigation produced enough evidence to establish a prima facie case against the petitioner under various sections of the Indian Penal Code.
Additionally, it was alleged that the petitioner actively participated in a YouTube broadcast aimed at defaming the Chief Minister and other politicians.
Despite the serious nature of the allegations, particularly in the context of the 2021 assembly elections, the court observed that the investigating officer relied solely on witness testimonies when preparing the charge sheet and did not obtain any video proof.
The court noted,
“From the entire case records, this court does not find that the mobile was submitted for expert analysis to determine whether the same device was used for broadcasting the alleged derogatory video or speech intended to malign individuals and incite disturbances. Furthermore, no data from video clips or speeches was retrieved from the YouTube channel to substantiate even the prima facie claims made by the complainant,”
As a result, the court emphasized the lack of evidence in the charge sheet and dismissed the case against the petitioner, referencing the Supreme Court’s established principles regarding such situations.
A complaint was filed by Saif Salim on June 30, 2022, alleging that the petitioner conspired with others to mock Mamata Banerjee and other leaders on YouTube with the intent to defame them and incite a breach of peace, jeopardizing social harmony within the community.
Case Title: Sourav Paul Versus State of West Bengal & Another
Case No: C.R.R. 2581 of 2023