KOLKATA: The Calcutta High Court has directed the West Bengal Police
on Thurday to return a seized mobile phone and a sim card of a doctor
posted in North Bengal Medical College and Hospital.
Indranil Khan, an oncologist, moved the court on Wednesday alleging
harassment by police after an FIR was filed against him for some of his
Facebook and Twitter posts at Mahestala police station in South 24
Parganas district.
He also alleged that the police interrogated him for 16 hours.
The doctor had made some social media posts highlighting the alleged
shortage of protective gear for those treating coronavirus patients and
suspects.
Khan, in his Twitter handle, uploaded photographs on March 29 and
described how doctors are being asked to wear raincoat and use
substandard masks.
The doctor was charged under the Indian Penal Code (IPC) for
allegedly causing disharmony and feeling of hatred which disturbed
public tranquility.
He was called by the police for a lengthy interrogation on March 29
over the social media posts and his mobile phone, sim card were seized.
Khan's lawyer Lokenath Chatterjee told the court of Justice I P Mukerji during video conference hearing of the petition.
The High Court Justice said in his order that the state can only do
so if a citizen tries to utilise this freedom by trying to circulate
alleged facts maliciously with a view to causing damage to another
person or to the public at large or the nation.
He directed that there shall be no further interrogation of Khan without the leave of a proper court.
He ordered that the police may start a criminal case against the
petitioner without arresting him if at all the evidence prima facie
discloses an offence.
Disposing of the petition, Justice restrained the doctor from making
any posting on social media concerning the above issue for the time
being.
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