On Friday(30th Aug),Calcutta HC granted bail to Sayan Lahiri of Paschim Banga Chhatra Samaj, arrested for organizing the August 27 protest rally at Nabanna. The rally was in response to the alleged rape and murder of a woman doctor.
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KOLKATA: The Calcutta High Court, on Friday(30th Aug), granted bail to Sayan Lahiri, a prominent leader of the Paschim Banga Chhatra Samaj, in connection with his alleged involvement in organizing a protest rally to the state secretariat, Nabanna, on August 27. This rally was in response to the purported rape and murder of a woman doctor at R G Kar Medical College and Hospital, a case that has triggered widespread outrage. The Paschim Banga Chhatra Samaj, an unregistered student organization, was one of the key groups that called for the Nabanna Abhijan protest.
Lahiri was apprehended on the evening of August 27 for allegedly playing a crucial role in leading the rally, which, according to police reports, escalated into violence. The incident led to significant destruction of both public and private property, along with attacks on police officers.
Justice Amrita Sinha, while observing the case, noted that Lahiri appears to be –
“An entirely insignificant figure with no position of power or influence in the widespread call for justice following the RG Kar incident.”
The judge emphasized that to uphold and restore public faith in the judiciary, Lahiri should be granted bail.
Acting on a petition filed by Lahiri’s mother, Anjali Lahiri, who sought to quash the proceedings against her son and requested his release on bail, the court ordered that Sayan Lahiri be released from custody by 2 PM today(31st Aug). Justice Sinha also restrained the police from taking any coercive action against Lahiri in connection with the case under which he was arrested, or any other cases that have been or may be registered against him, without obtaining permission from the court.
The court also directed the state government to file an affidavit in opposition to the claims made by the petitioner by September 20, with the petitioner allowed to reply by October 4.
In her order, Justice Sinha remarked that the Paschim Banga Chhatra Samaj, despite not having a legal existence, was –
“A spontaneous alliance formed among students, supported by the broader public, outraged by the RG Kar incident.”
The judge further noted that the protests over the incident have resonated across society and the nation.
“If the RG Kar incident had not occurred, the Paschim Banga Chhatra Samaj would not exist.”
-the court stated.
It was highlighted that thousands of ordinary citizens participated in the protest rally, and the status of the protestors transcended all societal barriers and boundaries.
Justice Sinha expressed doubt that the massive turnout on the streets could be attributed solely to the call of Lahiri.
“It cannot be definitively said that the large turnout on the streets was solely due to the petitioner’s son’s call. The agitators and protestors were out seeking justice.”
– she observed.
The court acknowledged that protests had been ongoing since the day after the incident and criticized the authorities for their handling of the situation.
“The authorities should have addressed the issue more sensitively instead of targeting the protestors to suppress their agitation.”
– Justice Sinha remarked.
She further stated-
“The authorities should recognize that the protests are a social uproar in response to the unfortunate RG Kar incident.”
Justice Sinha referenced the Supreme Court’s August 22 ruling, which affirmed that peaceful protests should not be disturbed or disrupted. The judge also restrained state authorities from taking any drastic action against peaceful protestors.
“It is absolutely improper to use regulatory power for indiscriminate arrests aimed at instilling fear and terrorizing protestors by keeping them in custody.”
-she asserted.
In her petition, Anjali Lahiri claimed that multiple FIRs had been lodged against her son in various police stations across Kolkata. She insisted that Sayan Lahiri is innocent and has been falsely implicated in criminal cases. Opposing the bail plea, the state’s Advocate General, Kishore Dutta, argued that Lahiri’s speeches during the rally were inflammatory and provoked the protestors, leading to a breakdown of law and order on August 27 in the city.