Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream

The Calcutta High Court has ordered the release of a man who was arrested for making allegedly untoward and 'defamatory' comments against certain government functionaries during a Facebook live stream of an administrative meeting held by Chief Minister Mamata Banerjee.

A single bench of Justice Amrita Sinha directed the release of the accused upon holding that the police's actions in arresting the youth who was booked under Sections 505(1)(b) and 500 of the Indian Penal Code amounted to "prima facie over-action."

It was submitted by the counsel for the petitioner that the accused was arrested by the police within a day of his comments made during the CM's live stream, and that there was no due process followed in arresting him. 

It was argued that the accused was called to the police station and immediately arrested and put behind bars without any explanation for offences which were only punishable with less than two years of imprisonment. 

Counsel for the State argued that the petitioner had been arrested because he had not responded to the Section 41A CrPC notice issued by the police authorities. 

It was stated that the petitioner was arrested on the complaint made by a person who was not the aggrieved party in the present case.

Hearing these submissions, the Court expressed concern at the fact that the petitioner had been arrested for the offence of defamation when the complaint was not even made by the aggrieved persons and within two days of the receipt of the complaint.

The Court further expressed reservations at the fact that the petitioner had been arrested and his fundamental right of speech had been curbed without following any due process of law.

"Where is the bar for people to ventilate their grievances? Just go and arrest somebody? Where is the person who has been defamed? Did Arup Roy (aggrieved party) lodge the complaint? Why will others come in and file a complaint on behalf of him? This is absolute excess action on part of the police it seems," the Court remarked.

The Court further noted that the accused was arrested on the same day as the Section 41A notice had been given to him. Upon State counsel's explanation that he had refused to accept the notice, the court remarked, "Can a second notice not be served on him? It is a defamation case of somebody else. Why will he be arrested in the first place? On the same day as the 41A notice is served?"

While ordering the release of the man, the Court orally remarked: "Even if it is an aspersion, no court of law has adjudicated on it. Do you want to gag people? They cannot criticise anyone anymore? What is your obligation? To go and arrest people?"

Accordingly, the Court ordered the release of the accused and directed for the CCTV footage of the police station to be preserved for the day the accused was arrested.

"Only because a citizen has protested or tried to highlight corruption on the end of a member of the ruling dispensation, the police ought not to have taken such stringent steps to curtail the freedom of such citizen. Act of detention and arrest appears to be an act of high-handedness by the police officer, accordingly, this Court directs the release of the petitioner" the Court concluded.

Case: SARIKA KHATUN VS STATE OF WEST BENGAL AND ORS

Case No: WPA/17066/2024