Kolkata Rape Protests| Improper To Create Fear By Keeping Protestors Behind Bars: Calcutta HC Grants Bail To Paschim Banga Chhatra Samaj Leader
The Calcutta High Court has granted bail to Paschim Banga Chhatra Samaj Leader Sayan Lahiri who was alleged to be involved in the protests against the Kolkata rape and murder case that occurred in R.G. Kar Hospital on August 9, 2024.
The Court was dealing with a writ petition preferred by the mother of the said accused leader who was arrested under Sections 189, 191(3), 190, 121(1), 132, 109, 326(1), and 161(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) read with Section 3 of the Prevention of Damage to Public Property Act, 1984 read with Section 9 of the West Bengal Maintenance of Public Order Act. 1972.
A Single Bench of Justice Amrita Sinha observed, “It is common knowledge that it does not take much time for a peaceful protest to turn violent. There may be various factors for such a change in the nature of protest. It is always open for the police to take steps to regulate the protest. The Hon’ble Supreme Court permitted the police to exercise their regulatory powers. It will be absolutely improper if in the guise of exercising regulatory power, indiscriminate arrests are made to create fear and terrorize the protestors by keeping them behind bars.”
Advocate Rajdeep Mazumder appeared for the petitioner while Senior Advocate and Advocate General Kishore Dutta appeared for the respondents.
Brief Facts -
The son of the petitioner was arrested and several FIRs were registered against him. It was averred in the petition that such FIRs were registered within a short period of time with a view to entangle the petitioner’s son in criminal cases to harass him unnecessarily as he was taking active part in organizing protest rallies against the gruesome and brutal rape and murder of a young lady doctor at RG Kar Hospital on August 9, 2024. It was submitted that the complaint in connection with which the petitioner was arrested is yet to reach his hand. As per the complaint, it was alleged that the petitioner’s son along with other around 150 agitators assembled at Jawharlal Nehru Road and S.N. Banerjee Road crossing commonly known as Dorinna Crossing under the banner of Paschim Banga Chhatra Samaj and called for Nabanna Abhijan. They alleged to have unlawfully assembled there without any permission, blocked the road and disrupted normal vehicular and pedestrian movement. They allegedly raised slogans over the issue of the RG Kar Hospital incident and were violent.
The petitioner averred that on August 26, 2024 in a press meeting, her son expressed his idea of conducting a peaceful protest march on August 27, 2024 by the students seeking justice in connection with the RG Kar incident. She contended that her son intended to peacefully protest against the mala fide action of the State police and a peaceful protest was organized and led by her son to the State Secretariat. It was submitted that in the evening when her son was outside a reputed media broadcasting house after participating in a panel discussion, he was detained by the police of the Maidan Police Station and was taken into custody. A prayer for bail was moved on behalf of her son which stood rejected by the Criminal Court. The petitioner, therefore, prayed for quashing the FIR lodged against her son and further prayed to release her son from custody.
The High Court in view of the facts and circumstances of the case noted, “Had the RG Kar incident not occurred, there would not have been the existence of the Paschim Banga Chhatra Samaj. Thousands of common people joined the protest rally. The status of the protestors cut through all barriers and boundaries. It cannot be said with certainty that it is only at the call of the son of the petitioner there had been such huge turn out on the public streets/ roads and thoroughfares. The agitators and the protestors were out in the streets seeking justice.”
The Court added that the son of the petitioner may have played an active role and may have been a bit more vocal than the other protestors and the same does not ipso facto mean that he is the leader of the rally that took place throughout the State and that he ought to be held responsible and made accountable for any offence which took place at the site of the rally.
“The protests are going on continuously from the very next date of the incident. The State administration including the police is well aware of the same. The authorities ought to have handled the issue in a more sensitive manner rather than target the protestors to prevent them from continuing their agitation. The authorities ought to appreciate that the protests are more in the form of a social uproar against the unfortunate incident at RG Kar. Such type of public dissent is required to be dealt with in a matured manner and not by unleashing force upon the protestors”, it further emphasised.
The Court took note of the fact that the Supreme Court categorically made it clear that the peaceful protest should not be disturbed or disrupted and the State was restrained from taking any precipitate action against the peaceful protestors.
“The son of the petitioner is already in custody on and from 27th August, 2024. The police must have recorded his statements by now. … I am of the opinion that there is no requirement of any further custodial interrogation of the charges leveled against him. The son of the petitioner is directed to be released from custody positively by 2 p.m. on 31st August, 2024”, it said.
The Court also restrained the respondents from taking any coercive action against the petitioner’s son in connection with the subject case where he has been arrested or any other case which has been or may be registered against him without the leave of the Court.
Accordingly, the High Court directed the accused to be released from custody.
Cause Title- Anjali Lahiri v. The State of West Bengal & Ors.
Appearance:
Petitioner: Advocates Rajdeep Mazumder, Moyukh Mukherjee, Koustav Bagchi, Koustav Lal Mukherjee, and Sagnika Banerjee.
Respondents: Sr. Adv. AG Kishore Dutta, Advocates Amitesh Banerjee, and Debangshu Dinda.
