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This is a copy of a letter addressed and sent to mananiya Sh. Amit Shah ji (@HMOIndia) highlighting the political weaponisation of the 34 Cyber Police Stations of West Bengal to silence the reporting of election misconduct by TMC cadre and Bangladeshi Islamofascist elements. Such Cyber Thanas have also acted to suppress reporting on crimes committed against women in West Bengal. They follow a set modus operandi of maliciously invoking and abusing the provisions as/u S.149 CrPC, S. 43 IT Act and IPC Sections - 120B, 153A, 504 and 505(2) to send frivolous notices and register false FIRs. It should be noted that not only is this a grave upfront to the fundamental rights of Bharatiya citizens but would lead to criminal wastage of valuable time of the hon'ble Calcutta High Court, as also the funds of the state exchequer. Copy of this letter has also been sent to respected: CEC Office (Sh. Rajiv Kumar), PM Office (Sh. Narendra Modi) and Home Secretary (Sh. Ajay Kumar Bhalla) and Leader of the Opposition of WBLA (Sh. Suvendu Adhikari). On my client's behalf I have attached in the thread to this post the annexures as evidence for the respected officer bearers and the public at large to understand for what sort of reporting/twitter posts has the WB Police taken action, extendedly, which proves the police's complicity with #TMC government interests. __________________________________________ From: Prabhakar Trivedi Date: 04.05.2024 To: Mananiya Sh. Amit Shah Home Minister, Ministry of Home Affairs, North Block, New Delhi – 110001 Subject: Abuse of police powers by West Bengal Cyber Police Stations to silence whistleblowers revealing election misconduct and violence against women in West Bengal Respected Sir, I hope this letter finds you in good health. I am writing to you as a concerned; nationalist and public welfare-oriented citizen who has been deeply moved by the atrocities committed against Bharatiya citizens living in West Bengal. Bengalis, both men and women, especially women have undergone untold sufferings i.e. sexual harassment, sexual and physical assault and even rape at the hands of TMC goons and certain Bangladeshi Islamofascist elements which have been patronised by the TMC cadre. Bengali men and women have been brutally beaten, tortured and their agricultural lands have been snatched from them. As a concerned citizen I have been doing my bit in good faith to conscientiously object against such behaviour and create awareness by doing fact-based reporting on the Twitter (X) platform. All my posts or Tweets are attached with video and photo evidence to clarify and buttress the written content which accompanies it. I would like to bring to your attention a highly concerning and dangerous trend of which, I too have become a victim. Certain elements within the West Bengal Police have been weaponised against whistleblowers who have brought out the truth of the state of affairs in West Bengal, which is precariously hanging at the cusp of complete breakdown of law and order. West Bengal Police, especially, Cyber Police Station Kolkata (Lalbazar) under - Inspector Dulal Saha Roy and Charu Market Police Station Kolkata under – Inspector Hirak Dalapati have been involved in rampant and merciless suppression of the fundamental rights of common citizens i.e. ‘Freedom of Speech and Expression’ as duly enshrined under Article 19(1)(a) of the Constitution of India by recklessly abusing the provisions of S.149 CrPC, S. 43 IT Act and IPC Sections - 120B, 153A, 504 and 505(2). Both the police stations have instituted identical FIRs against me for making tweets that are wholly in good faith. Copies of which are tagged with this letter. Sir, it should also be noted that I am not the only one who has been proceeded against arbitrarily and with malicious intent by West Bengal Police. Under the patronage of TMC the aforementioned two police stations in particular have proceeded against over 300 individuals who the West Bengal Administration seeks to silence for whistleblowing and revealing the state of affairs in West Bengal. Sir, it is my humble pleading that you take cognizance of these two police stations and especially the aforementioned police officers who have transcended their police duties to actually become police politicians. Sir, I am a law-abiding citizen who deeply appreciates and cherishes the rule-based order that we have created and achieved in Bharat. In furtherance of which, I am submitting a hard copy of this letter at the nearest Police station (________PS), as also reflect my desire to fully cooperate with the law enforcement. I have clarified hereunder how these trumped charges levied against me in the two FIRs by West Bengal Police are bogus and reflect only but their mala fide and malicious intent to silence honest critiques of West Bengal administration. Section 43 IT Act: Penalty and compensation for damage to computer, computer system, etc. - Section 43 IT Act cannot be invoked against me for my tweets, kindly consider that none of the information I have posted through my twitter handle has been illegally extracted from any private computer network or any network intended to be exclusive of the larger public. All and any of the data I have posted to make my conscientious objections or critiques are openly available for everyone to see on the internet and as such is publicly available with reputed News aggregators and established handles on YouTube, Facebook, Twitter etc. The URL links to which are attached at the culmination of this document. As also, I have sent a digital copy of the same to all the respected public office bearers who are CC’d in this letter. Further, I have not used any illegal means such as computer contaminant or computer virus to obtain the data I have posted. I have not damaged any computer system or computer network. I have not tampered with or manipulated any computer system or computer network. I have further, only posted the material ‘as is’ without principally or substantially altering the constituent material so as to change its meaning. Thus, all and any of the material I have posted on my tweets i.e. videos or photos are not stolen, concealed, destroyed or altered, they have been posted simply “as is” by reputed news channels, known on-ground reporters, whistleblowers, social-activists etc. West Bengal police needs to clarify on what basis has S.43 IT Act been invoked against me and specifically which sub-section(s) do they contend that I have violated? The object of none of the sub-sections of Section 43 IT Act fructifies and thus, this section has been invoked against me by West Bengal Police with mala fide and arbitrariness to suppress my criticism in good faith and my right as/u conscientious objection. This is a clear attempt by the West Bengal Police to suppress by Fundamental Right of Freedom of speech and expression as/u Article 19(1)(a) of the Constitution of India. Section 120B IPC: Punishment of criminal conspiracy- I find it bizarre and it is wholly outlandish and incomprehensible that West Bengal Police has invoked the provisions of criminal conspiracy against me for my tweets which only criticise in good faith the West Bengal government and failures of the West Bengal Police to uphold rule of law. Firstly, it should be noted that none of my tweets reflect that I have conspired with one or multiple people as my tweets have only been made by me reflecting my personal opinion and critique. Secondly, in none of my tweets I have suggested, prescribed or made any agreement with anybody for the committance of any illegal or unlawful act or cause for them to be done. I have further, never suggested, prescribed or supported in any way- any act to be done through an illegal or unlawful means. In the landmark judgment of Topandas v. State of Bombay (AIR 1956 SC 33) the Supreme Court clearly stated that, ‘it is a principle of common sense that one person alone can never be held guilty of criminal conspiracy for the simple reason that he cannot conspire’. The Apex court thus held in the case that the appellant could not be held guilt as/u S. 120B IPC. This principle has been reinforced in countless judgments and draws its jurisprudence from Archbold’s Criminal Pleading, Evidence and Practice. I would like to re-emphasize I have never colluded and conspired with one or multiple people and neither have I ever promoted or furthered any illegal or unlawful act to be committed out of such alleged conspiracy. Thus, the charge of criminal conspiracy leveled against me is wholly untenable. Section 153A IPC: Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony- I would like to stress that none of my tweets had a mala fide intention of promoting enmity between any groups. My tweets were and are based on established facts for which there is video and photo evidence that I tagged with my tweets and which I have again attached at the culmination of the document for your kind perusal. The Supreme Court in Amish Devgan v Union of India and P.K. Chakravarthy and Devki Sharma has clearly stated that a number of factors need to be looked at before it can be concluded that object of S.153A has been meet. These include: (1) reasonable interpretation, (2) deliberate and malicious intent (3) context and occasion and (4) presence of proximate nexus. For better understanding here is the operative part of the pronouncement in Chakravarthy and Devki Sharma which reads: "We would also hold that deliberate and malicious intent is necessary and can be gathered from the words itself satisfying the test of top of Clapham omnibus, the who factor person making the comment, the targeted and non-targeted group, the context and occasion factor- the time and circumstances in which the words or speech was made, the state of feeling between the two communities, etc. and the proximate nexus with the protected harm to cumulatively satiate the test of 'hate speech'. Good faith' and 'no legitimate purpose' test would apply, as they are important in considering the intent factor". I would like to clarify that firstly; no reasonable interpretation can lead to the understanding that I am calling for enmity between any groups. I have nowhere called or supported for any illegal act to be committed by any one or the other community to be propagated against one or the other. Secondly, there is no deliberate and mala fide intent in my twitter posts as the video and photo evidence that I tagged with them are self-explanatory and the apex court itself has ruled multiple times that, ‘The defense of truth is available when revealing the truth is in public interest’. My tweets have only been in the interest of the larger public of Bharat and West Bengal in particular and have never targeted a singular individual say for instance a West Bengal police officer by name. Thirdly, it is of utmost importance that my tweet be read in the context of abominable and abhorrent level of violence committed against the women in Sandeshkhali and other such places in West Bengal. Further, the ‘context and occasion’ of my tweets are of critical importance. They have to be seen against the backdrop of incidents such as these: · Humayun Kabir (TMC MLA) exclaimed, “They (Hindus) are 30% and we (Muslims) are 70%. If I can’t throw them in Bhagirathi River within two hours then I will quit politics." · In another instance, Jotileswar Mandal (Panchayat Level TMC Leader) nonchalantly intimidates the voters of Birbhum, West Bengal stating, “Central forces aren’t you father’s pet, they will leave after the elections, Gram Panchayat, Panchayat Samiti, Zilla Parishad and Vidhan Sabha is ours, all four are ours. We will skin you and break your bones wherever you go be it police station or court. Listen to me, even if you are in favour or not don’t dare step out of your house. Accept this and keep it in mind from now on. Tell them this is initial stage. Whisper this instruction in their ears like Guru Mantra. Apply this strategy wherever applicable. You won’t live on if you betray us in elections. Don’t go out to vote, sit at home, don’t indulge in negative campaigning…if you do this, I will chop off your hands, we have given you amenities…if you don’t vote in our favour, I won’t spare you”. · In yet another instance, Gautam Chaudhary (TMC MLA) threatened Hindi-speaking voters of North Howrah, warning them that if they voted for any party other than TMC, he would disconnect water connections of all non-compliant residents and threatened them asking them to abstain from voting in the upcoming May 20, 2024 election phase. · Further, it should be noted that such incidents have not been an aberration but a norm, for instance the brutal killing and hanging of Dinabandhu Midya just a week back by TMC goons. · In fact, TMC’s own women councillor Papiya Halder was assaulted by the TMC cadre for which she herself has put out a video statement (22.03.2024). There is an unending plethora of such cases emerging from West Bengal where TMC’s violence has been exposed. Certain elements within the West Bengal Police are working with the TMC cadre to suppress my criticism and that of others which is only but in good faith. Thus, it would be wholly incorrect to assert that my tweets have promoted any enmity between groups. They have only exposed the communal nature of TMC government and there is clear video and photo evidence of the same, URL links to which I have attached with the letter. As also, I have sent a digital copy of the same to all the respected public officer bearers who are CC’d in this letter. Section 504 IPC: Intentional insult with intent to provoke breach of the peace – This section just like the previous one has again been invoked maliciously by the West Bengal Police to silence fair criticism of TMC government and West Bengal State Police Administration. It ought to be noted that I have not used any profanities or harsh expletives in my critique. It must be noted that the hon’ble court has ruled in Re Karumuri Venkataratnam (AIR 1948 Mad 9)that to bring forth a case as/u S.504 IPC it is first necessary to decide whether the using of insulting words or profanities or expletives amount to an intentional insult. I would like to make it clear that I have not used any such words in the tweets/posts that West Bengal Police has cited for them to take action against me. Further, in the landmark judgment of Kuppuswami Aiyer (1916 ILR 39 Mad 561) the court unequivocally stated that, ‘there can be no insult where no insult is intended’. Thus, I would like to reaffirm that none of tweets feature any expletives or curse words neither are they intended to insult a given individual or individuals but rather the entire system which is responsible for the breakdown of law and order in West Bengal. Section 505(2) IPC: Statements Conducing Public Mischief- The West Bengal Police has used this section to again falsely assert that I am creating or promoting enmity, hatred or ill will between classes. Nothing could be further from the truth. I maintain and assuredly state again that all and any of my tweets have been backed by facts for which there is clear video and photo evidence that I had attached with the said tweets/posts. It ought to be noted that in the landmark judgment of Amol Kashinath Vyavhare v. Purnima Chaugule Shrirangi (2022 SCC OnLine Bom 1000) as also, pronouncements in Bilal Ahmad Kaloo v. State of Andhra Pradesh (1997 7 Supreme Court Cases 431) and K.K. Mishra v. State of Madhya Pradesh (2018 6 Supreme Court Cases 676) the court clearly ruled that it needs to be proven that published information was a rumour or spread as an ‘alarming news’ which was false or had no factual basis. My tweets do not fulfill the object of Section 505(2) as they are solidly rooted in facts and this can be ascertained by a mere prima facie consideration of the evidence. Thus, the repeated assertion by West Bengal Police that my tweets are leading to or creating or promoting enmity, hatred or ill will between classes is not only dubious but made with a malicious intent to silence my constitutionally enshrined right of Freedom of Speech as/u Article 19(1)(a) to make fair criticism of the state of affairs in West Bengal. West Bengal Police has charge sheeted me for telling the truth about TMC’s violent and murderous activities, the photo video evidence of which I have posted and tweeted about and are marked between Annexures 3 to 10. Sir, it should also be noted that more than 90% of my twitter activity is in the form of retweets (RTs). Finally, sir, I would like to humbly plead that please take cognizance of this abhorrent and dictatorial behaviour of the West Bengal Police which is not only stifling freedom of speech but also fundamentally attacking the root of Bharatiya democracy wherein if any public-spirited, nationalist and well-meaning citizen who highlights the attack on the election process, then he or she is silenced under the weight of trumped up charges and bogus FIRs which act like the personal Damocles sword of West Bengal administration of Mamata Banerjee. Yours Sincerely, Prabhakar Trivedi CC: @RebellionArtis7 Drafted in Consultation With Representing Counsel: Adv. Vasudev Swain Supreme Court of India CC I: @ECISVEEP @PMOIndia @narendramodi @HMOIndia @AmitShah @SuvenduWB @SpokespersonECI CC II: @BJP4Bengal @BJP4India @Amitava_BJP @DilipGhoshBJP @me_locket @paulagnimitra1 @ravaroybjp @Bjp_Debjit @JyotirmayBJP CC III: @RepublicBengal @TimesNow @SureshChavhanke @republic @ZeeNews @OpIndia_com @SwarajyaMag @jsaideepak @ARanganathan72 @UnSubtleDesi @mrsinha @rishibagree @desimojito @erbmjha @PoliticalKida @TheSquind @DainikBhaskar @AmarUjalaNews @treeni @BefittingFacts @hindupost @randomsena @monidipadey @WokePandemic @NewsArenaIndia @majorgauravarya @vikramsampath @MajiDevDutta @sanjoychakra #WestBengalPolice #WBPolice

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