Court Finds No Prima Facie Case Under Bharatiya Nagarik Suraksha Sanhita and Related Acts
In a significant judgment, the Gauhati High Court has quashed the criminal proceedings against Abhishek Kar, who faced charges under various statutory provisions including the Bharatiya Nagarik Suraksha Sanhita, 2023, the Information Technology Act, and the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015. The case stemmed from allegations that Kar made derogatory remarks against Assamese women, suggesting they practiced witchcraft and black magic.
The court, presided over by Justice Pranjal Das, found that the statements made by Kar did not meet the necessary legal criteria under the cited sections. The judgment highlighted that the remarks did not promote enmity between communities nor did they constitute obscenity under the Information Technology Act. Additionally, the court noted that Kar's statements did not stigmatize anyone as a witch, thus not falling under the Assam Witch Hunting Act.
During the proceedings, Kar's counsel argued that the remarks were not intended to harm and that an apology had been issued. The court, referencing multiple legal precedents, noted that even after a charge-sheet is filed, it is within the court's purview to assess whether the allegations constitute a prima facie case. Citing the Supreme Court's judgment in cases like Bilal Ahmed Kaloo v. State of A.P. and State of Haryana v. Bhajan Lal, the court emphasized the importance of intent and context in determining the applicability of charges.
The High Court's decision underscores the judicial scrutiny required in cases involving freedom of expression and the need for clear evidence of intent to harm or incite enmity. This judgment sets a precedent for the careful evaluation of charges under newly enacted laws, ensuring that legal actions are not misused.
Bottom Line:
Quashing of criminal proceedings under Bharatiya Nagarik Suraksha Sanhita, 2023, Information Technology Act, and Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015 - Petitioner's statement did not fulfill the necessary ingredients of the penal provisions under which the case was registered and charge-sheeted.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 196(1), 197(1), 353(2); Information Technology Act, 2000 Section 67; Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015 Section 4
Abhishek Kar v. State of Assam, (Gauhati)(Principal Seat) : Law Finder Doc id # 2851945
