Abp Pvt. Ltd. vs State Of West Bengal & Ors.

The petitioner submits of two incidents and alleges that the police is not taking any action in accordance with law. The first incident relates to

‘Dharna’ being carried out in front of the registered office of the petitioner company since April 12, 2018. The petitioner has also obtained an

order from the learned Metropolitan Magistrate, 10th Court, Calcutta under Section 144(2) of the Criminal Procedure Code. The relevant portion of

the order is delineated below: -

“In the meanwhile, O/C Bowbazar P. S. is directed to see that no breach of peace takes place in the disputed locale i.e. the registered office of the

petitioner company situated at 6, Prafulla Sarkar Stree, Kol-01 and to further see that no illegal acts are caused by the Ops so as to disturb the public

tranquility or to form any riot or affray. O/C Bowbazar P.S. is directed to submit his report positively by 21-04-2018. In the meanwhile, the petitioner

is directed to serve the copy of this petition to the Ops and the hearing on police report shall be taken up on the date fixed in presence of both sides.

Let a copy of this order be sent to the O/C, Bowbazar P. S. for strict compliance.â€​

He submits that in spite of the order passed by the learned Metropolitan Magistrate the miscreants have been indulging in destruction of the property

of the petitioner company and preventing ingress and egress of the employees into the office of the petitioner company. He further submits that there

is an atmosphere of fear that has been created by the said miscreants and they need to be removed from the premises to allay the apprehensions of

the employees of the petitioner company.

Mr. Siddhartha Chakraborty, Officer-in-Charge, Bowbazar Police Station appears and submits that upon receipt of the order under Section 144(2) of

the Criminal Procedure Code, they have posted a police picket and are ensuring that there is no breach of peace and tranquility in that particular area.

This submission is contrary to the submission made by the petitioner. The Officer-in-Charge further submits that the report that was required to be

filed before the learned Magistrate on April 21, 2018 was not ready and after having obtained an extension from the court shall be submitted on April

27, 2018.

This court is of the opinion that such gathering of people in front of the registered office of the petitioner company is not proper and needs to be

checked by the respondent authorities. The petitioner company being a media company should not be threatened by hooligans and protection from

such hooligans is required to be given to the petitioner company forthwith by the police authorities.

This court need not overemphasize the fact that the media in today’s day and age is one of the pillars of the citadel which is democracy. A media

organisation has to be allowed to work in an atmosphere of freedom. Any attempt to scuttle and restrain the media, in any manner whatsoever, would

be anathema to the concept of a free and independent press. The fact that movement of the press is being restrained and a threat perception exists is

egregious and reprehensible and the same needs to be set right immediately.

In view of the above, the Officer-in-Charge, Bowbazar Police Station is directed to take further steps to ensure that no further gathering of people

takes place in front of the office of the petitioner company. The Officer-in-Charge is further directed to increase number of police personnel outside

the office of the registered office of the petitioner company. He is further directed to file a detailed report by May 7, 2018.

With regard to the second incident, that deals with persons illegally having trespassed into the leasehold premises of the petitioner company on April

18, 2018, Mr. Atanu Tarafder, Officer-in-Charge, Law Section, Detective Department, Pragati Maidan Police Station submits that investigation has

been initiated and one person has already been arrested while two persons have already surrendered before the learned SDJM, Alipore. He submits

that he requires further time to file a report before this court and he shall be taking further action and ensure that the trespassers are removed from

the leasehold premises. Accordingly, he is directed to file a report by May 7, 2018. The matter shall appear on May 7, 2018.