Calcutta HC Cancels Pandemic-Related FIR Against Andaman Journalist

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New Delhi: The Calcutta High Court has quashed a First Information Report (FIR) filed against a freelance journalist in Port Blair who tweeted a question last year about the bizarre quarantine policy followed by local authorities.

Police had accused Zubair Ahmed of spreading false information with the intention of hampering the administration’s efforts to contain the spread of COVID-19 in the islands.

The Calcutta District Court observed during the elimination of the FIR:

“This court is of the opinion that to allow criminal proceedings under the FIR registered against the applicant would amount to a simple abuse of process and a misuse of the court’s power, as the allegation in the FIR seems absurd and unwise. no one can ever come to a just conclusion that there is sufficient cause to prosecute the accused / applicant. “

The reporter demanded the cancellation of the FIR recorded against him on the grounds that his tweet did not deserve the case the police recorded. His petition further stated: “There is nothing in Sections 188, 269, 270, 505 (1) (b) of the Indian Penal Code that could result in the alleged violation in the FIR. “

On April 26, 2020, the Andaman Chronicle, a well-established local newspaper, ran a news article with the headline # AndamanFightsCOVID19: The whole family is quarantined at home after one of them calls a parent in Bambooflat:

The incident took place yesterday when Shri KA Rehman called his relative by phone who had tested positive for corona. The intention was to inquire about the welfare of the victim, a resident of Bambooflat. Hours after the call, the whole family was quarantined at home by authorities. The four members are Shri KA Rehman (70), Smti Rehana Rehman (60), Shri K. Abdul Rasheed (32) and Smti Saira Banu (29). The family are now confused whether calling their relative was a crime or are the relevant authorities in Andaman overly concerned for their safety.

Read also: When a government is hostile to the press

Following this, Ahmed, an island-based journalist, posted a question on April 27 for the Andamans administration, which he tagged, in which he asked why families who were just talking to COVID-19 patients on the phone were forced to quarantine:

Can anyone explain why families are placed in home quarantine for speaking on the phone with Covid patients? @MediaRN_ANI @Andaman_Admin

– Zubair Ahmed (@zubairpbl) April 26, 2020

Police said Ahmed’s claim was not true; however, no explanation was given as to why he was arrested for asking a question.

In 2020, at least 55 journalists across India were arrested, arrested or threatened for their coverage of the Covid-19 pandemic and the official response to it.

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