Section 41A CrPC cannot be used by police to intimidate or harass: Supreme Court stays Calcutta HC order in Raja Bazar Facebook post case

The Bench made these observations in a case where a 29-year-old woman, Roshni Biswas, was pulled up by the Kolkata Police for posting objectionable content on Facebook.
Kolkata Police, Supreme Court
Kolkata Police, Supreme Court

The Supreme Court has observed that even though there needs to be restraint in exercise of judicial review in matters of police investigation, it is equally important for courts to safeguard the principles of freedom of speech and expression under Article 19(1)(a) of the Constitution (Roshni Biswas v. State of West Bengal & Ors).

In this light, the police's power to issue summons under Section 41A of the Code of Criminal Procedure (CrPC) cannot be used to intimidate, threaten and harass, the Court has noted.

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