RG Kar Rape-Murder: Calcutta HC Releases Student Booked For Leading March Towards Govt Secretariat, Cautions State Against 'Terrorising Protestors'

The Calcutta High Court has ordered the state police to release a student named Sayan Lahiri, who was alleged to be the leader of the 'Paschim Banga Chhatra Samaj', an organisation which led a call for protests and march towards the State secretariat in Nabanna.

The protests though claimed to be peaceful, resulted in widespread violence, resulting in grave injuries to both protestors and police personnel.

Lahiri was arrested in connection with leading the march, and his mother approached the High Court seeking his release on bail. A single bench of Justice Amrita Sinha in granting bail to Lahiri stated:

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. Such type of public dissent is required to be dealt with in a matured manner and not by unleashing force upon the protestors.

None could have anticipated such huge response at various parts of the State. Had the RG Kar incident not occurred, there would not have been the existence of the Paschim Banga Chhatra Samaj. Thousands of common people joined the protest rally. The son of the petitioner may have played an active role and may have been a bit more vocal than the other protestors. The same does not ipso facto mean that the son of the petitioner is the leader of the rally, the Court added.

The Court further relied on the Supreme Court's judgement in the case of Arnab Goswami to set out the cases where the court to take cognizance of such issues, and thus allowed the petitioner to be released on bail and restrained the police from taking any coercive action against him.

Facts

The state alleged that the son of the petitioner along with around 150 other agitators assembled at Jawaharlal Nehru Road and S.N. Banerjee Road crossing commonly known as Dorinna Crossing under the banner of Paschim Banga Chhatra Samaj and called for Nabanna Abhijan. They unlawfully assembled there without any permission, blocked the road and disrupted normal vehicular and pedestrian movement.

They raised slogans about the RG Kar Hospital incident. They were violent. The police repeatedly appealed not to break the law and order situation and continue peaceful protest but to no avail and some agitators endangered public safety and tranquillity.

Some agitators conspired and became furious and deterred on-duty police personnel from discharging their lawful duties. They physically assaulted the police on duty for which the police sustained injuries and were taken to SSKM Hospital for medical treatment.

Paschim Banga Chhatra Samaj not a registered body, Lahiri not their leader

On a query from the Court as to whether the organization or the association that the son of the petitioner is representing is a registered one or not, it was submitted by the advocate for the petitioner that 'Paschim Banga Chhatra Samaj' is not a registered association. It is only a group of students who have voluntarily and spontaneously joined to protest against the incident of rape and murder in the RG Kar Hospital.

It was stated that the son of the petitioner is merely one of the protestors. He was severely disturbed by the incident and became vocal in the marches led by the protestors.

Spontaneous bond by students cannot be called organised movement

It was noted that though the police had asked the petitioner's son for information about the 'Nabanna Chalo' rally to seek permission, the petitioner could not provide the same due to the spontaneous nature of the uproar.

Court noted that the Paschim Banga Chhatra Samaj does not have a legal existence. It is a spontaneous bond created amongst the student fraternity supported by the public at large who got anguished by the RG Kar incident.

The protest has spread across the entire society and the nation. It is absolutely impossible for the addressee to fix up a figure to ascertain and disclose the details sought for. The police ought to have appreciated that the association is not anorganized one, the Court said.

Supreme Court directed State to not stop peaceful gatherings, impossible to foresee protests becoming violent

The court further referred to the suo moto proceedings before the Supreme Court regarding the RG Kar incident. It noted that the Apex Court was alive to the fact that protests were going on against the incident throughout the country.

The Court categorically made it clear that the peaceful protest should not be disturbed or disrupted and the State was restrained from taking any precipitate action against the peaceful protestors. It is common knowledge that it does not take much time for a peaceful protest to turn violent. It will be absolutely improper if in the guise of exercising regulatory power, indiscriminate arrests are made to create fear and terrorize the protestors by keeping them behind bars, the Court concluded.

Background