The Calcutta High Court recently ordered a stay on the investigation in an FIR filed against an ‘artist’ who posted a depiction of an intimate scene between Lord Krishna and Radha on social media.
Staying the probe in the matter, the Bench of Justice Shampa Sarkar noted that prima facie the criminal complaint in the case didn’t disclose a cognizable offence and that the registration of the FIR against the petitioner over the FB Post curtailed the right to freedom of speech under Article 19(1)(g) of the Constitution of India.
The court noted that the post was a portrait that was previously widely accessible in art galleries and in many illustrated and translated editions of “Geet Govinda.”
Court asked the Inspector-in-Charge, Cyber Crime Police Station, Raiganj, Uttar Dinajpur to produce the order of the Metropolitan Magistrate, on the basis of which the investigation was initiated.
“Further decisions will be taken as to whether this writ petition shall be heard on the facts and law pleaded or the petitioner will be relegated to the appropriate forum under Section 482 of the Code of Criminal Procedure, on perusal of the records to be produced by the investigating officer,” Court added.
The matter will be next heard on November 1, 2022.
According to reports, the stated portrait of the Hindu God and Goddess had been on exhibit at Christie’s, an auction house. Jayarshi Bhattacharya, a student ‘artist’, and petitioner, later, shared the same on Facebook.
Subsequently, a case was registered based on a complaint filed by one Prasun Maitra, alleging that the concerned post might hurt religious sentiments and instigate communal animosity. The FIR was filed in accordance with Sections 67 of the Information Technology Act and 295A of the Indian Penal Code.