‘Can’t summon without FIR’: Madras High Court quashes police notice against local journalist

Section 35(1)(b) outlines when a police officer can arrest someone without a warrant based on a reasonable complaint, credible information, or suspicion of a cognizable offense punishable by up to seven years imprisonment, provided the officer believes the arrest is necessary for preventing further offenses, ensuring proper investigation, or preventing evidence tampering.

Findings

• It is seen from the notice sent by the police that he has sought responses to about twelve questions from the petitioner, primarily relating to the publication of an article containing defamatory allegations against the police.
• Admittedly, the notice has not been issued in connection with a case registered in 2023, as the investigation has already been concluded.
• If the petitioner was required for enquiry in any other case, the police ought to have referred to the crime number of such a case. But no other case has been registered against the petitioner.
• That apart, Section 35(1)(b) of the BNSS only specifies the circumstances under which a police officer may arrest a person without a warrant and does not empower the police to summon or question the petitioner in the absence of any case registered against him.

Background

• The local journalist petitioner filed a plea to quash the notice issued by the police against him related to an article published by him in a journal containing allegedly defamatory statements against the police.
• The police forwarded certain questions to the local journalist along with a notice seeking his explanation.
• According to the notice, a case registered in 2023 under Sections 294(b) (obscene acts and songs), 323 (punishment for voluntarily causing hurt) and 506(i) (punishment for criminal intimidation) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (PoA) Act, 1989 they case across this allegedly defamatory statements against the police.
• Appearing for the petitioner, Advocate R Karunanidhi submitted that the notice did not disclose in which case the petitioner was sought to be
  summoned as the investigation into the 2023 defamatory statements against the police case has already been completed, and a final report has also been filed.