Court says petitioners complied with BNSS notice and are entitled to protection from coercive action; leaves question of BNS Section 196 to investigators
Kolkata, Sept. 24, 2026: The Calcutta High Court on Thursday granted interim protection to two journalists, one of whom is the editor of Anandabazar Patrika, who had approached the court challenging an FIR registered over a newspaper headline that allegedly hurt Hindu sentiments.
Justice Saugata Bhattacharyya was hearing a writ petition filed against Bowbazar Police Station Case No. 180 of 2026, which arose from a complaint dated August 27, 2026. The complaint alleged that the headline “Gerua Gundami” in the August 21 edition of the newspaper offended Hindu sentiments because of the use of the word “Gerua” or “saffron.”
The petitioners sought protection from coercive police action during the pendency of the investigation. The court noted that notices had already been issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and that the petitioners had complied with those notices. It also recorded that the offences invoked in the FIR carried punishment of less than seven years’ imprisonment.
In view of these facts, the court held that the petitioners were entitled to the protection available under Section 35(3) of the BNSS. It therefore directed the police authorities not to take coercive steps against the petitioners until December 15, 2026, or until further orders, whichever is earlier, provided the petitioners continue to cooperate with the investigation and comply with any future notices.
The court, however, declined at this interim stage to decide whether Section 196 of the Bharatiya Nyaya Sanhita, 2023, which had been cited by the petitioners, was actually attracted on the facts of the complaint. Justice Bhattacharyya observed that such a determination falls within the domain of the investigating agency, which must proceed in accordance with law and complete the investigation.
The court also noted that the complainant had not been impleaded as a party to the writ petition and had not yet been served notice. Nonetheless, since the State submitted that custodial interrogation of the petitioners was not required, interim relief was granted. The petitioners were permitted to amend the cause title and add the complainant as an additional respondent, with notice to be served within seven days.
The matter has been listed for further hearing on December 1, 2026.
Bottom Line :
Journalists challenging FIR over newspaper headline alleging hurt to Hindu sentiments - On compliance with notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and where offences alleged are punishable with less than seven years, petitioners held entitled to protection against coercive steps - Court declined at interim stage to examine whether Section 196 of Bharatiya Nyaya Sanhita, 2023 was attracted and left issue to investigating agency.
Statutory provision(s): Section 35(3), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 196, Bharatiya Nyaya Sanhita, 2023
Ishani Datta Ray v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2985400
