The Calcutta High Court has granted interim protection from coercive steps to two journalists, including an editor of Anandabazar Patrika (ABP), in connection with an FIR arising from the use of the expression “Gerua Gundami” (“Saffron Hooliganism”) in a newspaper report. The Court directed that no coercive action be taken against the petitioners until December 15, 2026, or until further orders.
Background
The petition was filed by Ishani Datta Ray and another journalist challenging Bowbazar Police Station Case No. 180 of 2026, registered on August 28, 2026. The FIR followed a complaint dated August 27 concerning a heading published in the August 21 edition of Anandabazar Patrika.
According to the order, the complaint alleged that the use of the expression “Gerua Gundami” hurt Hindu sentiment because of the use of the word “Gerua”, meaning “Saffron”. The investigation into the criminal prosecution was still underway when the matter came before the High Court.
The Court noted that notices under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 had already been issued to the petitioners and that they had complied with those notices. It further recorded that the provisions invoked in the prosecution prescribe imprisonment of less than seven years.
The Court observed:
“In view of provisions as contained under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and taking note of compliance of notices issued under Section 35(3), petitioners are entitled to get protection envisaged thereunder.”
The petitioners had also argued that Section 196 of the Bharatiya Nyaya Sanhita, 2023 may not be attracted on the basis of the complaint. The Court, however, declined to decide that issue at this stage, leaving it to the investigating agency to proceed according to law.
The High Court directed the police authorities not to take coercive steps against the petitioners until December 15, 2026, or until further orders, whichever is earlier. The petitioners were directed to cooperate with the investigation and comply with any future notices.
The Court also permitted the State to seek modification or vacation of the protection if the petitioners failed to cooperate with the investigation.
The matter was directed to be listed for further consideration on December 1, 2026. The order was passed by Justice Saugata Bhattacharyya.
Case Details
Case Title: Ishani Datta Ray & Anr. v. The State of West Bengal & Ors.
Case Number: WPA 24272 of 2026
Judge: Justice Saugata Bhattacharyya
Decision Date: September 24, 2026
