The Calcutta High Court has ruled in favor of Sourav Paul, a YouTuber accused of making derogatory remarks against West Bengal Chief Minister Mamata Banerjee and other political figures. The case, which was based on allegations of criminal conspiracy to malign political leaders and disturb public order, has been quashed due to insufficient evidence.
Justice Ajay Kumar Gupta, while delivering the judgment, emphasized that there was no cogent or substantial proof against the accused. He stated,
"After careful scrutiny of the materials available in the case diary, this Court does not find any sufficient or cogent evidence or even prima facie case against the present petitioner. Mere filing of a charge sheet without any material or shaky evidence would not suffice to continue the trial. Even if the case proceeded, the possibility of conviction appears bleak and remote. The continuation of criminal proceedings would only cause undue harassment to the petitioner."
The case originated in June 2022, when a complaint was filed at Entally Police Station by an individual named Saif Salim. The complaint alleged that Sourav Paul, along with others, conspired to defame the Chief Minister through a YouTube video intended to provoke unrest. Based on these allegations, a case was registered under Sections 153, 500, 501, 509, 505, and 120B of the Indian Penal Code (IPC), 1860, and an investigation was initiated. The petitioner was taken into custody on July 6, 2022, but was granted bail the following day.
Paul’s legal counsel maintained that the accusations were baseless and politically motivated. His lawyers contended that the case was filed with malicious intent, aiming to intimidate the petitioner rather than serve justice. They further argued that the charge sheet was mechanically filed without substantial investigation, relying purely on unverified witness statements rather than concrete evidence.
The State, on the other hand, defended the prosecution, asserting that the investigation had yielded sufficient material to establish a prima facie case. The State’s counsel argued that the accused was actively involved in spreading defamatory content through YouTube, intending to incite social disharmony. However, when the court examined the case records, it found significant flaws in the investigation.
One of the most striking deficiencies was the complete lack of video evidence. Despite the case being built around an alleged YouTube video, the investigating officer failed to retrieve any clips or digital proof. Even the mobile phone seized from the petitioner was never sent for forensic analysis, leaving no way to verify if it was used for the alleged offense. Witness testimonies were also vague, as neither of the two witnesses, Soheb Khan and Happy Khan, provided specific details of the purported defamatory content. Their statements merely mentioned seeing derogatory videos on the accused’s channel, but they failed to specify the date, time, or content of those videos.
Despite multiple court orders, the State was unable to submit any concrete evidence linking the petitioner to the alleged crime. Recognizing these critical lapses, the Calcutta High Court dismissed the case. Justice Gupta, in his ruling, referenced the landmark State of Haryana & Ors. vs. Bhajanlal & Ors. (1992 AIR 604) judgment, which laid down the conditions under which courts can quash criminal proceedings. He noted that this case fell within those parameters, particularly where allegations failed to constitute a recognizable offense and where legal proceedings were manifestly attended with malice.
The judgment ultimately concluded that allowing the case to proceed would be an abuse of the legal process and an unwarranted burden on the accused. The court stated,
"Continuing this case would be an abuse of legal process, causing unnecessary hardship to the petitioner. The absence of credible evidence makes conviction impossible. Hence, in the interest of justice, the case is quashed."
Case: Sourav Paul Versus State of West Bengal & Another
Case No: C.R.R. 2581 of 2023
