The Calcutta High Court has granted interim protection from coercive action to Anandabazar Patrika editor Ishani Datta Ray and journalist Soma Mukherjee in connection with an FIR arising from the newspaper’s use of the expression “Gerua Gundami” (saffron hooliganism) in a headline reporting violence at Jadavpur University.
Justice Saugata Bhattacharyya directed the police not to take coercive steps against the journalists until December 15, 2026, or until further orders, whichever is earlier. The order came after the Court was informed that the petitioners had appeared before the investigating authorities pursuant to notices issued to them and had cooperated with the investigation. The State also submitted that custodial interrogation was not required.
The criminal proceedings originate from an August 21 report concerning clashes at Jadavpur University involving members of the Akhil Bharatiya Vidyarthi Parishad and Left-affiliated student groups. The report carried the headline “Gerua Gundami”. A complaint was subsequently lodged objecting to the juxtaposition of the word “Gerua” with “Gundami”, alleging that the expression offended Hindu religious sentiments. An FIR was registered at Bowbazar Police Station on August 28.
The petitioners approached the High Court challenging the criminal proceedings and seeking protection against coercive police action. During the hearing, their counsel questioned the invocation of Section 196 of the Bharatiya Nyaya Sanhita, which concerns promotion of disharmony or enmity between groups. It was argued that the complaint did not disclose the foundational allegations necessary to attract the provision.
The Court, however, clarified that it was not expressing any opinion at this stage on the applicability of Section 196 BNS, observing that the issue would fall within the investigating agency’s remit while conducting the probe.
The High Court also took note of the fact that the offences alleged in the FIR carry a maximum punishment of less than seven years and that the journalists had complied with notices issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita.
Accordingly, the Court directed the journalists to continue cooperating with the investigation and comply with any further notices issued by the investigating agency. The State was granted liberty to approach the Court for modification or cancellation of the protection in the event of non-cooperation.
The matter has been posted for further hearing on December 1.
Senior Advocates S.N. Mookherjee and Sandipan Ganguly, along with Advocates Arunabha Deb, Deepan Kr Sarkar, Ashika Daga, Matri Prasad Das and Sampurna Mukherjee, appeared for the journalists. Additional Advocate General Rajdeep Mazumder, assisted by Advocates Moyukh Mukherjee and Sayan Mukherjee, represented the State.
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