Political discourse and atmosphere in West Bengal volatile, substantially vitiated, says High Court

Court orders security order for Congress leader booked for comments against CM

Making scathing observations on the political situation in West Bengal, the Calcutta High Court, in an order, said the “political discourse and atmosphere in the State remains volatile and substantially vitiated”.

These observations were recorded in an order on the case  Koustav Bagchi vs The State of West Bengal and Ors by Justice Rajasekhar Mantha on March 15, while hearing a petition filed by lawyer and Congress spokesperson Koustav Bagchi. Despite objections raised by lawyers representing the State government, the court did not remove the remarks from the order. 

Mr. Bagchi was arrested by the Burtola police on March 3, 2023, under Sections 120B, 354A, 504, 505, 509, 506, 153 of the Indian Penal Code and was granted bail the same day. The allegations against the lawyer-turned-politician is that he, during a television talk show, made certain statements, which provoke breach of peace and insult the modesty of Chief Minister Mamata Banerjee. The court observed that in respect of the offences mentioned in the FIR, the Burtolla police were obliged at least to have conducted a preliminary enquiry to ascertain the veracity of the complaint. 

“There is no evidence before this court that the contents of the television interview were examined,” Justice Mantha said in the order, adding that the court was interested to know what exactly prompted the officials of the Burtolla police station to raid the petitioner’s house in the middle of the night, detain him and his family, and take him into custody the next day at 7.30 a.m. 

The court directed the Commissioner of Police, Kolkata, to order an enquiry into the circumstances under which the petitioner was taken into custody and if any basic enquiry was conducted before detaining him and his family. Observing that the court is  prima facie satisfied that the petitioner’s life is under threat, Justice Mantha asked the Central Reserve Police Force (CRPF) to make appropriate submissions as to whether it would be in a position to provide security cover to the petitioner.

“In the meantime, the Barrackpore Police Commissionerate shall immediately post a police picket comprising at least five police constables outside the residence of the petitioner. The petitioner shall be accompanied by an armed constable wherever he goes,” the court said, providing security to Mr. Bagchi. The matter will come up for hearing on March 20. 

The order by the High Court has triggered fresh political discourse on the situation prevailing in the State.