Calcutta High Court Grants Bail To Nine Detained For Allegedly Raising 'Anti-Establishment' Slogans At Durga Puja Pandal
The Calcutta High Court has granted bail to nine youths, who were arrested for allegedly raising anti-establishment slogans and placards outside a Durga Puja pandal in Kolkata's Rabindra Sarovar area.
A single bench of Justice Shampa Sarkar released the detained protestors while directing them to not cause disturbance or raise slogans within 200 metres of any puja pandals across the city.
The seizure list reflects that placards and festoons were recovered. All of them deal with slogans relating to R G Kar. None of the slogans are either hateful or antireligious. No personal attacks have been made. Even the general public who did not form a part of any organised political group, had carried out demonstrations and rallies, with similar kind of slogans. Thus, in my, prima facie, the intention of the detenues was not to generate hatred and fear. No harm was intended. They protested against the establishment. Such kind of protest has been going on since long. Shouting of slogans are integral to any protest by any political group. Such practice is ingrained in the spirit of democracy. These are not anti-state activities, the Bench held.
The court was approached to safeguard the right to dignity and personal liberty of nine students who were allegedly arbitrarily detained by the police for demonstrating near a puja pandal.
The petitioners alleged that the instrumentality of the State is being weaponised for using the force of criminal law.
Upon hearing the plea, the court noted that prima facie, the State machinery was put into action in order to wrongfully take the accused persons into custody. The steps taken, prima facie, appear to be disproportionate to the allegations.
The accused are students. They have no criminal antecedents. They are not in any way a risk or danger to the society. The FIR does not disclose that their conduct displayed serious criminal activity. The police authorities should neither arrest nor detain a person only because they are empowered to do so. There has to be a basis or a foundation for such action, the Court said.
It was noted that while the accused were members of a political group, the slogans raised by them or the placards held by them did not point to the commission of any offence per the sections which they had been booked under.
Accordingly, the court allowed the plea for interim relief and granted them bail.
Case: Bablu Kar & Anr. Versus State of West Bengal & Ors.
Case No: WPA 26007 of 2024