The Calcutta High Court granted bail to the leader of the Paschim Banga Chhatra Samaj, Sayan Lahiri, on Friday, who was alleged to be one of the organisers of a rally at the state secretariat, Nabanna, on August 27, protesting the alleged rape and murder of a female doctor at R G Kar Medical College and Hospital.
The Paschim Banga Chhatra Samaj, an unregistered student organisation, was one of the groups that called for the 'Nabanna Abhijan' protest. Lahiri was apprehended on the evening of August 27 for his alleged role in leading the rally, which, became violent, resulting in damage to public and private property and attacks on officers, according to police.
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Justice Amrita Sinha observed that Lahiri appears to be a "minor figure" without any significant position of power or influence in the broader call for justice after the RG Kar incident, news agency PTI reported. To uphold public trust in the judiciary, she ruled that he should be released on bail.
The decision of the court came in response to a petition from Lahiri's mother, Anjali, seeking to quash the charges against him and requesting bail. The court ordered his release by 2 p.m. on Saturday.
Calcutta HC Restrains Police From Action Against Chhatra Samaj Leader
Justice Sinha also restrained the police from taking any stringent action against Lahiri related to this case or any other case that has been or may be filed against him without the court's permission. The court instructed the state to submit an affidavit in response to the claims of the petitioner by September 20, with the petitioner to reply by October 4, PTI reported.
In her ruling, Justice Sinha noted that the Paschim Banga Chhatra Samaj has no legal status and is a spontaneous group formed among students, supported by the wider public angered by the RG Kar incident. She pointed out that protests related to the incident have spread throughout society and across the nation.
"Had the RG Kar incident not occurred, there would not have been the existence of the Paschim Banga Chhatra Samaj," the court said, as quoted by PTI. It is marked that several people joined the protest rally and the protestors cut through all barriers and boundaries.
"It cannot be said with certainty that it is only at the call of the son of the petitioner there had been such a huge turnout on the public streets/ roads and thoroughfares. The agitators and the protestors were out in the streets seeking justice," Justice Sinha also said.
The court emphasised that the authorities should have tackled the situation more sensitively instead of targeting protestors to stop their demonstrations. Justice Sinha also noted that the Supreme Court had ruled on August 22 that peaceful protests should not be disturbed and had restrained state authorities from taking coercive actions against peaceful protestors.
"The authorities ought to appreciate that the protests are more in the form of a social uproar against the unfortunate incident at RG Kar," she stated in the order.
Highlighting about that the apex court for permitting the police to exercise their regulatory powers, Justice Sinha said, "It will be improper if, in the guise of exercising regulatory power, indiscriminate arrests are made to create fear and terrorise the protestors by keeping them behind bars."