The petitioner, one Biplab Kumar Chowdhury, filed the plea through advocate Aniket Mitra.
Advocate Phiroze Edulji appeared for the petitioner.
The matter arose out of a April 2017 first information report (FIR) by Chowdhury in connection with the poem, which was allegedly posted by Bandopadhay on Facebook.
The poem called for a condom to be put on a trishul.
The plea before the High Court said that the Additional Chief Judicial Magistrate, Barrackpore had directed the investigating officer to submit the final report regarding the probe but the same has not been done till date.
The plea argued that justice would be frustrated due to the delay by the West Bengal Police.
“The authorities failed and/ or neglected to submit any final report till date which clearly shows that the police authorities are negligent in performing their official duties and are siding (with) the respondent,” the plea said.
The role of trishul, especially in the context of it being used/adorned by Lord Shiva, was emphasised in plea.
“Trishul has enormous connotation in the Hindu religion. It is in the hands of almost all deities but the significance is even more when it is held by Lord Shiva,” the petition said.
The scandalous statement that condom should be put on trishul is not only defamatory but also hurts the sentiment of Hindu community, it was contended.
The petition, therefore, sought directions to State authorities to submit report as regards progress of the probe before the Additional Chief Judicial Magistrate, Barrackpore.
The State sought time to submit report which was granted.
“This Court directs that a comprehensive report be submitted by the Deputy Commissioner of Police duly vetted by the Commissioner of Police, Kolkata Police on the adjourned date. Let this matter stand adjourned and be listed on 17th November, 2022 under the same heading,” the Court directed.
Source: Barandbench
