Nabanna Protest- Calcutta HC Seeks Medical Examination Report Of Arrested BJP Workers After Allegations Of Torture By Police

The Calcutta High Court has directed for production of the medical report of accused persons who were arrested in connection with the march organized by BJP on September 13. The counsel for the accused had alleged that the accused were tortured and beaten up in police custody.

"Learned Advocate General is directed to produce the medical report of those accused persons for the perusal of this Court on the next date of hearing", the bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj directed.

Advocate Subir Sanyal and Advocate Smarajit Roychowdhury represented the Petitioner. Advocate General S.N. Mookherjee appeared for the State.

The counsel for the petitioner submitted that in relation to the incident which took place during the march the State police was still arresting the members of the political party which had organized the march.

He further submitted that those who are arrested are being tortured by the police to extract the information which is not permissible. He has also submitted that video-clips are available in respect of the police excess while taking action against the participants in the rally but no action has been taken till now against those police personnel.

Advocate General S.N. Mookherjee submitted that all those who were arrested in connection with the rally under Section 151 of the Code of Criminal Procedure have already been released. He argued that there can be no blanket order preventing the arrest of the members of the particular party though they may be involved in connection with the violence.

The Court held that "So far as the issue of arrest in connection with the rally, we had already directed by the order dated 13th September, 2022 that all State authorities will ensure that no unnecessary arrest is made and no person is unnecessarily detained in connection with the rally. Hence, we expect that State authorities will have due regard to the order already passed by this Court. Otherwise they will run risk of strict action in case of its violation."

The Court observed the order of the ACMM, Kolkata wherein counsel for the accused Ganesh Bauli had submitted that the said accused was brutally tortured and beaten by stick/rule and also by fists, blows and kicks on his chest and abdomen on September 21, 2022 in police custody.

Considering this submission, the ACMM, Kolkata had directed for medical examination of all nine accused persons within 24 hours in the presence of the advocate or to videograph the entire process of each and every medical examination of the accused persons and submit video in pen-drive before the Court.

The High Court had earlier directed the State authorities to provide protection to the party office of BJP which had organized the 'Nabanna Abhiyan' protests against the government on certain issues. The Court had also directed State authorities to ensure no person is unnecessarily detained in connection with the rally. This order was thereafter extended. 

Cause Title- Sukanta Ghosh Vs. State of West Bengal & Ors

Click here to read/download the Order