Tweet On Vande Bharat Stone Pelting Incident- Calcutta HC Stays FIR Against BJP Leader Sukanta Majumdar

The Calcutta High Court has stayed further proceedings for six weeks in connection with the FIR filed against BJP Leader Sukanta Majumdar over the tweets on the Vande Bharat stone pelting incident.

The bench of Justice Bibek Chaudhuri noted that on January 6, 2023, a written complaint was lodged stating that on January 02, 2023 and on January 03, 2023 various news houses in their Twitter handle made certain posts over the incidents of stone pelting and breaking and smashing portion of window pane of Vande Bharat Express.

According to the complainant, the said Twitter posts were in the nature to cause incitement and agitation in the minds of a particular community and that it were made in such a manner to damage law and order situation of the State and to destroy the personal image of the Chief Minister of the State.

Advocate Krishnendu Bhattacharya appeared for the petitioner.

The Court observed that amongst the Twitter posts, Twitter post at page 41 was actually a post in the Twitter handle of CM @ Mamata official.

“If the previous Twitters made by petitioner no. 2 attracts penal provision this Court wants to know as to whether the post made in the Twitter handle of the Chief Minister of the West Bengal also consists of prima facie ingredient of promoting enmity between different groups on the grounds of religious, race, place of birth, residence, language etc. and doing acts prejudicial to the maintenance of harmony as contemplated in Section 153A of the Indian Penal Code.”, the Court noted.

On this issue, the Court sought the response of the Advocate General of the State.

“In the meantime, further proceeding in connection with the GR No. 72 of 2023 arising out of Beliaghata Police Station Case No. 8 dated 06.01.2023 be stayed for a period of six weeks.”, the Court ordered.

Case Number- CRR/323/2023

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