ROSHNI BISWAS Vs. STATE OF WEST BENGAL
LAWS(SC)-2020-10-51
SUPREME COURT OF INDIA
Decided on October 28,2020

Roshni Biswas Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.)Issue notice.
(2.)Mr R Basant, learned senior counsel appears on caveat with Mr Suhaan Mukherjee and waives service.
(3.)Acting on the basis of an FIR (Annexure P-1) which contains allegations of certain objectionable posts shared on a Facebook page, summons were issued to the petitioner under Section 41A of the Code of Criminal Procedure 1973 by the Investigating Officer at Ballygunge Police Station. The FIR specifically refers to two posts alleging that:
(i) The lockdown is not being followed at Rajabazar; and

(ii) During the lockdown, thousands of people have come together and raising concerns as to whether the State administration would do something about it. The FIR contains a statement that the posts imply that (i) the State administration was going soft on the violation of the lock down at Rajabazar as the area is predominantly inhibited by a particular community and; (ii) that the State administration is complacent while dealing with lock down violations caused by a certain segment of the community. The FIR relies on Facebook links.

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