Child rights not a byproduct of political bickering: Calcutta High Court stays notice to Suvendu Adhikari over "Koyla Bhaipo son" tweet

The Calcutta High Court on Friday stayed show cause notices issued by the West Bengal Commission for Protection of Child Rights (Commission) to BJP MLA and Leader of the Opposition in West Bengal, Suvendu Adhikari over a November 2022 tweet containing a reference to "Koyla Bhaipo's son". [Suvendu Adhikari v. West Bengal Commission for Protection of Child Rights & Ors.].Justice Moushumi Bhattacharya opined that the complaint focused more on the political rivalry of two political parties and "much less (incidental, at best) on the three-year-old son of the person mentioned in the tweet." As such, the State's Child Rights Commission did not have the statutory justification to issue the show cause notices on such a politically coloured complaint, the Court pointed out. .In this backdrop, the Court also criticised the move the allege a violation of child rights, stating:"Child rights is no child’s play and should be dealt with the seriousness that it deserves. The rights cannot be trivialised or made a byproduct of a lob-and-volley game of politics-coloured bickering between two parties. It is evident that the target of the tweet is not the child but somebody else.".The Court emphasised that the Commission only had the jurisdiction to act against any act that violated "child rights" or matters that are relatable to child rights. "The real question is whether the tweet (the first tweet) has violated the rights of the son of “Koyla Bhaipo” by exposing the child to loss of privacy and ridicule", the Court noted. The Court went on to observe that while Adhikari's tweet mentioned the son of "Koyla Bhaipo", it cannot be assumed that the identity of the child had been revealed if the tweet is viewed without any political assumptions. .In this regard, the order stated, "Although, the tweet mentions the son of “Koyla Bhaipo”, the identities of the persons mentioned in the tweet (suspending any obvious assumptions of the people living in the State) have not been disclosed. The test is not whether a person living in West Bengal and familiar with the politics of the State or even those living outside the State would recognise the identity of the person who is featured in the tweet, but rather whether the tweet, per se, without any political assumptions would point to a particular person and to no one else. Seen by itself it cannot be assumed that the identity of the child has been revealed from the tweet.".A follow-up tweet by Adhikari mentioning "Mamata Police" and "political figures of North Korea" also does not mention a child, the Court added. "Any person who is not familiar with the Bengali language may also not understand the implication of the tweet", the Court said. .Having concluded that the child's identity had not been so disclosed, the Court concluded that the contents of the tweet did not violate any child rights as laid down in the Commission for Protection of Child Rights Act, 2005."The tweet is also not directed against the child, in specific, so as to attract the provisions of the Act and the UN Convention [on the Rights of Child] as being a pre-meditated and a deliberate act to single the child out for violation of any of the child’s rights under the Act and the Convention", the Court observed further. The Court also noted that the first show cause notice was issued by an "Advisor", which has not been envisioned by the Commission for Protection of Child Rights Act, 2005.. "Seen together, the steps taken by the Commission were therefore, clearly an over-reach of the powers reposed in the Commission under the Act and the Rules", the Court ruled, in its interim order. .As such, the Judge stayed the notices issued in the matter on November 18, December 23, and January 18 until the matter is heard and decided by the High Court. The Court proceeded to list the matter for further hearing after three weeks. .The tweet in focus was posted on November 13, 2022, which was reported as being an apparent dig at Abhishek Banerjee, a member of the All India Trinamool Congress and nephew of West Bengal Chief Minister Mamata Banerjee. The said tweet, as reproduced in the Court's order, stated,“Grand Celebrations tonight at Taj Bengal !!! Security has been beefed up for the Birthday Party of Koyla Bhaipo’s son. Over 500 Policemen, Bomb Squad & Dog Squad have been deployed to Guard the venue. Door Frame Metal Detectors & Hand-held Metal Detectors are in place.”"Koyla Bhaipo", loosely translated means "coal nephew", which has been interpreted to allude to the interrogation of Abhishek Banerjee in a coal scam case being probed by the Enforcement Directorate. The tweet led to a complaint being made against Adhikari on November 18, which was issued by an Advisor to the West Bengal CPCR. Another notice was issued on January 18, 2023, directing Adhikari to attend a hearing on February 7. These proceedings have now been stayed by the Calcutta High Court, which will hear the matter further in about three weeks' time..Advocates Soumya Majumder, Billwadal Bhattacharyya, Anish Kumar Mukherjee, Suryaneel Das, and Oishee Choudhuri appeared for Suvendu Adhikari. Advocates Debashis Banerjee, Rakesh Jana, Anirban Ray, Rajarshi Dutta, and Ayan Poddar appeared for various respondents. .[Read Order]