Calcutta High Court Releases DYFI Leader Arrested For Allegedly Planning To Attack Govt Building Over Phone Call, Orders No Coercive Action

The Calcutta High Court has ordered the release of jailed Democratic Youth Federation of India (DYFI) leader Kalatan Dasgupta, who was arrested after a phone call recording surfaced of him allegedly planning a violent attack on the State Health Department "Swastha Bhawan" in Salt Lake, to injure public officials and cause disturbance.

A single bench of Justice Rajarshi Bharadwaj ordered the release of Dasgupta and also stated that there shall be no further coercive action taken against him without the leave of the court.

"It is evident that arrest and detention were not carefully scrutinized to avoid unnecessary infringement on personal liberty. The petitioner, with no prior criminal record and no significant risk of fleeing or tampering with evidence, has been in custody since 14th September, 2024. Given the absence of any further need for custodial interrogation and the relatively minor nature of the alleged offense, this Court finds it appropriate to grant bail, ensuring that due legal process is upheld while safeguarding the petitioner's fundamental rights," the Court said.

 Background

The petitioner argued that he has been wrongfully implicated in a politically motivated criminal case under various provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS), including Sections 224, 352, 353(a)(b)(2), 351(2), 196, and 61.

It was stated that the petitioner has actively participated in peaceful demonstrations opposing the State authorities' failure to ensure workplace safety for women in light of the rape and murder of a trainee doctor at RG Kar College and Hospital.

It was stated that on 13th September 2024, the local police had received information that the petitioner had spoken to someone over the phone about organizing a violent attack at Swastha Bhawan, Salt Lake, Sector V, Kolkata, where protests were taking place.

The petitioner challenged the illegal actions of the respondent authorities in arresting him in blatant disregard for procedural safeguards and asserted that the arrest was in direct contravention of the legal principles enunciated by the Supreme Court in Arnesh Kumar v. State of Bihar, since all offences were punishable with a jail term of under seven years.

It was further submitted that no prior voice sample match was conducted and the criminal proceeding is manifestly attended with mala fide and is maliciously instituted with an ulterior motive.

Additionally, it was argued that the Respondent authorities have deliberately attempted to damage the petitioner's reputation by leaking unverified audio recordings to political figures and the media, despite the fact that neither the petitioner nor one Sanjib Das had recorded said audio, as a keypad mobile, incapable of supporting audio recording, was recovered during the seizure.

It was added that the dissemination of such recordings occurred without conducting requisite forensic analysis or obtaining proper certification as required under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

The petitioner's detention was marred by procedural lapses, including the absence of an arrest memo, delayed communication to his family and falsified details concerning the location of his arrest, it was argued.

Advocate General appearing on behalf of the respondent authorities submitted that the arrest of the petitioner was lawful and in compliance with Section 35 of the Bharatiya Nyaya Sanhita, 2023 (BNSS), which empowers the authorities to arrest any person without the issuance of prior notice, irrespective of the fact that the alleged offence carries a punishment of less than seven years.

It was further contended that the respondent authorities, acting upon credible intelligence received from their sources were informed of a potential threat to public safety, specifically the possibility of a massacre during the demonstration by junior doctors in front of the Swastha Bhavan.

Consequently, the respondents reviewed the call records of the petitioner, leading to his arrest.  

It was stated that the petitioner had provided his statement admitting his guilt and voluntarily unlocked his mobile device, which was subsequently seized by police.

The State further submitted that all requisite procedural measures were adhered to, including the deployment of appropriate police personnel under the direct supervision of the Deputy Commissioner of Police, Bidhannagar, to ensure the protection of students at the demonstration site.

Verdict

Upon hearing the parties, the Court took note of the guidelines for bail laid down in Arnab Goswami's case and held that the arrest and detention were not carefully scrutinized to avoid unnecessary infringement on personal liberty.

Accordingly, it held that "The petitioner is already in custody on and from 14th September, 2024 and the police authorities have recorded his statements under section 180 of BNSS, 2023. Therefore, this Court is of the opinion that there is no requirement of any further custodial interrogation of the charges levelled against the petitioner."

"The respondent authorities are restrained from taking any coercive action against the petitioner 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," it added.

Case: Kalatan Dasgupta Vs. The State of West Bengal & Ors

Case No: WPA 23716 of 2024

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