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2019 Supreme(Cal) 709

JOYMALYA BAGCHI, MANOJIT MANDAL
Pradipta Biswas – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pradip Ghosh and Sandipan Ganguly
For the Respondents: Saswata Gopal Mukherjee, Ld. PP and Gautam Banerjee

JUDGMENT :

1. Journalistic endeavour of the petitioner to expose the agonies and deprivations of the members of a scheduled caste community is the subject matter of the instant criminal case. Petitioner being the publisher of a Bengali newspaper where the news item was published seeks protection from arrest in the instant case. Subject matter of the First Information Report (for short 'FIR') is a complaint lodged by a member of the Sabar community alleging that the publication of a news item titled "Mritlu Not Subarpullir Chinta Bhat". It is not death, but denial of food which troubles Sabar community has assaulted the members of the said community and has unsettled the peace and tranquility in the area and adversely affected developmental work amongst the community. The contents of the aforesaid news item refer to a number of deaths in the Lodha Sabar Community which had caused consternation in the area. Enquiries by way of investigative journalism revealed not only lack of medical facilities but denial of basic amenities like drinking water, housing, lack of job cards and voters cards etc. amongst the members of the community. It was also noted in the said report while the local a

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