Calcutta High Court has put a hold on criminal proceedings against ABP Ananda news anchor Suman De, recognizing an honest reporting mistake on his show. The court emphasized that the error lacked malicious intent and commended the prompt clarifications issued by De. This decision sets a precedent for similar cases, prioritizing intent and swift corrections.
Thank you for reading this post, don't forget to subscribe!
KOLKATA: On Monday, The Calcutta High Court has issued a stay on all criminal proceedings against Suman De, a prominent news anchor with ABP Ananda. De faced accusations under Sections 153 and 505 of the Indian Penal Code (IPC) for allegedly disseminating misleading information during his show ‘Ghantakhanek Songe Suman’, specifically regarding events in Sandeshkhali. The anchor was criticized for incorrectly stating that the police had not contested the bail of two individuals, a statement which allegedly incited violence against law enforcement.
Section 153 of the IPC-
Any individual who intentionally or recklessly engages in unlawful actions, intending or knowing that such actions are likely to incite the offense of rioting, shall, if the act of rioting occurs as a result of such provocation, face imprisonment for a period up to one year, or a fine, or both. If the offense of rioting does not take place, the individual may be subjected to imprisonment for up to six months, a fine, or both.
Section 505 of the IPC-
Anyone who intentionally makes, publishes, or circulates statements or rumors with the aim of inciting military personnel to mutiny, causing fear or alarm in the public, or promoting hostility between different groups shall be subject to imprisonment up to three years, a fine, or both. If the offense involves creating enmity based on religion, race, residence, language, caste, or other grounds, the punishment may extend to three years of imprisonment, a fine, or both. If such offenses occur in a place of worship or during religious ceremonies, the penalty may be imprisonment up to five years, along with a fine.
In his defense, De highlighted that both he and the channel had issued multiple clarifications and apologies, attributing the mistake to a miscommunication with the advocate representing the news channel. Justice Kausik Chanda, presiding over the case, noted-
“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.”
ALSO READ: Delhi High Court Reserves Order on BJP MLAs’ Challenge to Indefinite Suspension from Assembly
He further emphasized that a prompt correction and apology for the error demonstrated that the broadcast was not made with malicious intent or to deliberately incite unrest, stating-
“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’ or ‘wantonly’ to give provocation to any persons to cause offence of rioting.”
The Advocate General argued against absolution based solely on an apology, insisting that the broadcast had fueled public anger and protests against the police. However, the court observed that De had acknowledged the error and rectified the news piece, leading to the conclusion that
“a bona fide mistake in reporting such as the present case, could not invite sanction under Sections 153 and 505 IPC.”
The court’s decision to stay the proceedings aligns with its previous actions, notably the bail granted to Republic TV journalist Santu Pan, arrested under similar circumstances in Sandeshkhali.
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
