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CALCUTTA HIGH COURT
SUJOY PAUL, SMITA DAS DE, JJ
Indrajit Halder – Appellant
Versus
THE STATE OF WEST BENGAL AND ORS. – Respondent
Headnote: Read headnote
The instant public interest litigation has been filed by the petitioner praying inter alia for the following relief(s):-
“a) A writ of or in the nature of Mandamus do issue directing the Respondent Nos. I to 3 to immediately remove the said post from Twitter;
b) A writ of or in the nature of Mandamus do issue directing the Respondent Nos. 1 to 3 treat this petition as a complaint and immediately register a First Information Report (FIR) against the respondent No. 4 under Section 196 of the Bharatiya Nyaya Sanhita , 2023 and any other applicable provision of law;
c) A writ of or in the nature of Mandamus do issue directing the Respondent Nos. 1 to 3 to form a Special Investigation Team to investigate into the veracity of the post made by the respondent No.4 in Twitter and file a report before this Hon'ble Court;
d) A writ of or in the nature of Mandamus do issue directing the Respondent No. 5 to carry out an investigation with regard to the veracity of the post m
The court holds that writ petitions cannot compel FIR registration when adequate remedies under criminal law exist.
Police inaction in registering FIR cannot be compelled via writs; alternative remedies under criminal law must be pursued.
Courts cannot mandate FIR registration when effective legal remedies are available; aggrieved parties should approach the magistrate as per procedural law.
The court held that the intent behind tweets must be assessed carefully, and freedom of speech is subject to reasonable restrictions to maintain public order and national integrity.
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