Jayarshi Bhattacharya v. State of West Bengal
In the High Court of Calcutta
WPA 9658/2020
Before Justice Shampa Sarkar
Decided on August 03, 2022

Relevancy of the Case: Petition to quash a complaint in a case involving the publication of an obscene picture of gods

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67)
• The Indian Penal Code, 1860 (Section 295A)
• The Code of Criminal Procedure, 1973 (Section 482)

Relevant Facts of the Case

• The petitioner posted a portrait of Lord Krishna on Facebook. This picture was already displayed at an auction house.
• The picture showcased an intimate scene between Lord Krishna and Radha. It was inspired by Jaya Deva’s epic love poem, Geet Govinda.
• The police registered a complaint against the petitioner as the picture might hurt religious sentiments and incite communal hatred.
• To quash this complaint, the petitioner has filed a writ petition before the High Court.

Prominent Arguments by the Advocates

• The petitioner’s counsel contended that the complaint violates freedom of speech under Article 19(1)(g) of the Indian Constitution. Moreover, the picture is merely an illustrated and translated version of Geet Govinda, and it is already publicly available at art galleries.

Opinion of the Bench

• The court decided to not entertain the petition at this stage.

Final Decision

• The court set the next date for the hearing as November 01, 2022.

Kanika Verma, an undergraduate student at Dr. Ram Manohar Lohiya National Law University, prepared this case summary during her association with The Cyber Blog India in January 2023.