A Writ Court Is Required To Intervene Even At A Suggestion Of Any Plan Or Attempt To Take Away The Liberty Of A Person:Calcutta HC

The Calcutta High Court on Monday granted bail to BJP MLA Suvendu Adhikari's aide Rakhal Bera who had earlier been arrested for his alleged participation in a job racket where he had allegedly promised a job in the State Irrigation Department in lieu of 2 lakh rupees back in 2019. Leader of the Opposition Suvendu Adhikari was then the Minister of Transport, Irrigation and Water Resource in West Bengal.

While granting bail to the petitioner, Justice Rajasekhar Matha observed,

"There appears to be a pattern being followed by police in coordination with one another in attempting to keep the petitioner in custody by hook or crook on one pretext or the other and by registering one FIR after the other"

The petitioner contended that he was being punished by the ruling dispensation for changing political affiliation and for being close to the present leader of the Opposition Suvendu Adhikari. As a result, false cases were being registered against him. Accordingly, an injunction had been sought from the Court to restrain the police from conducting further investigation into the matter in addition to the prayer for bail.

Observations:

The Court noted that currently five different cases have been registered against the petitioner. In respect of Case No. 1272 of 2021, the Court observed that the petitioner is the 9th accused and that the petitioner had allegedly orally threatened the complainant with consequences.

"Investigation into such charge does not require arrest", the Court opined.

Further, in respect of Case No. 1272 of 2021 that had been filed on July 1, 2021, the Court observed,

"It is not understood or appreciated as to why the State has chosen not to inform this Court of the same when the earlier writ petition was being heard. The Court's mind is therefore not free from doubt that the complaints being lodged and FIRs registered against the petitioner may not be wholly bona fide"

Justice Mantha opined that bail must be granted to the petitioner in light of the fact that 'repeated attempts have been made to lodge one complaint after the other against the petitioner in a planned and systematic manner' in order to keep the petitioner imprisoned.

Further enumerating upon the petitioner's violation of personal liberty under Article 21 of the Constitution, the Court observed,

"Normally a prayer for liberty from custody pending criminal proceedings is required to be made under Section 439 of the Cr. P. C. However, looking at the successive cases against and the repeated arrests of the petitioner, provisions of Article 21 of the Constitution of India are clearly attracted and a Writ Court under Article 226 of the Constitution of India cannot be a silent spectator. A Writ Court is required to intervene even at a suggestion of any plan or attempt to take away the liberty of a person, with ulterior motive or for doubtful reason. Such cases call for Judicial Scrutiny"

Accordingly, bail was granted to the petitioner with the following directions,

• The petitioner shall co-operate in all and every investigation in all cases that are pending against him.

• The State is once again directed to submit a list of all cases pending against the petitioner anywhere in the State.

• This Court is also inclined to direct that all police stations in the State may register any FIR against the petitioner but he shall not be arrested without the express leave of this Court.

The affidavit-in-opposition was ordered to be filed within 4 weeks from the date of the order. Reply, if any has to be filed within 2 weeks thereafter, the Court directed.

Case Title: Mr. Rakhal Bera v. The State of West Bengal & Ors.

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