The Calcutta High Court.
Credit: iStock Photo
Kolkata: The Calcutta High Court on Friday granted bail to Paschim Banga Chhtra Samaj leader Sayan Lahiri, who was claimed to be one of the organisers of a rally to state secretariat Nabanna on August 27 to protest the alleged rape and murder of a woman doctor in R G Kar Medical College and Hospital here.
Paschim Banga Chhatra Samaj, an unregistered student group, was one of the two organisations that gave the call for 'Nabanna Abhijan'.
Lahiri was arrested on August 27 evening for playing an active role in leading the rally which, the police said, turned violent causing destruction of public and private property and attacks on police officers.
Observing that Lahiri appears to be an absolutely insignificant character who does not hold any position of power or influence "in the massive cry for justice in the aftermath of the RG Kar incident," Justice Amrita Sinha said that to uphold and restore the faith of the public in the judiciary, he is liable to be released on bail.
Acting on a petition by Lahiri's mother Anjali seeking quashing of proceedings against him and grant of bail, the court ordered his release from custody by 2 pm on Saturday.
Justice Sinha restrained the police from taking any coercive action against Lahiri in connection with the case vide which he has been arrested or any other case which has been or may be registered against him without the leave of the court.
The court directed the state to file an affidavit in opposition to the averments made by the petitioner by September 20 and reply, if any, by the petitioner within October 4.
Passing the order, the court observed that admittedly, Paschim Banga Chhatra Samaj does not have a legal existence and that it is a spontaneous bond created amongst the student fraternity supported by the public at large who got anguished by the RG Kar incident.
Justice Sinha noted that protests over the incident have spread across the entire society and the nation.
"Had the RG Kar incident not occurred, there would not have been the existence of the Paschim Banga Chhatra Samaj," the court said.
It noted that thousands of common people joined the protest rally and that 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 a huge turnout on the public streets/ roads and thoroughfares. The agitators and the protestors were out in the streets seeking justice," Justice Sinha said.
Noting that the protests were going on continuously from the very next date of the incident, the court said that 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," she said in the order.
Justice Sinha said that the Supreme Court had on August 22 made it clear that peaceful protest should not be disturbed or disrupted, while restraining the state authorities from taking any precipitate action against peaceful protestors.
Noting that the apex court permitted the police to exercise their regulatory powers, Justice Sinha said, "It will be absolutely improper if, in the guise of exercising regulatory power, indiscriminate arrests are made to create fear and terrorise the protestors by keeping them behind bars." Stating that several FIRs have been lodged against her son in different police stations in Kolkata, petitioner Anjali Lahiri claimed that he is innocent and has been falsely implicated in criminal cases.
Opposing the prayer for bail, state Advocate General Kishore Dutta claimed before the court that Lahiri made inflammatory speeches which agitated the protestors leading to a complete breakdown of the law and order situation on August 27 in the city.