SANMAY BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner claims to be a freelance journalist and a whistleblower, who runs two vernacular newspapers and YouTube channels. It is the contention of the petitioner that due to his exposure of corruption in political quarters, he has earned the wrath of the ruling party and has been constantly subjected to threats. The cause of action of the present writ petition arose when the petitioner was allegedly picked up around 7.30"7.45 p.m. on October 17, 2019 without any prior notice, by the Officer"in"Charge of the Khardah Police Station, along with hoodlums of the local ruling party, and was subjected to tremendous torture within the precincts of the Khardah Police Station and mercilessly beaten up the petitioner against all established norms of human rights.

(2.) Ultimately, the petitioner was taken into custody by the Purulia District Cyber Crime Police Station at around 4.30 a.m. and purportedly arrested in connection with Purulia District Cyber Crime Police Station Case No. 2 of 2019 dated September 23, 2019 under Sections 465/469/500/504/505(1)(b) of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC"), read with Section 66 of the Information Technology Act, 2000 (hereinafter referred to as "the IT Act").

(3.) During interrogation, the petitioner was allegedly asked to admit that he had manipulated and manufactured documents, including some forged appointment letter issued by the West Bengal Board of Primary Education. The Inspector"in"Charge of the Khardah Police Station, it is alleged, took the lead role in perpetrating torture upon the petitioner, which will easily be revealed from the CCTV footage of the Khardah Police Station of the relevant date.