Kolkata: Expressing serious concern over a series of incidents in which accused persons and political leaders have allegedly been attacked while in police custody or during transit, the Calcutta High Court has directed the West Bengal government to formulate comprehensive security guidelines to prevent such occurrences.
The observations came on Tuesday during the hearing of a public interest litigation before a Division Bench comprising Acting Chief Justice Tapobrata Chakraborty and Justice Partha Sarathi Chatterjee. The court emphasized that maintaining the safety and dignity of individuals in police custody is a constitutional obligation and cannot be compromised by public sentiment or political tensions.
During the hearing, the Bench asked the state government to clarify what specific guidelines currently exist for police personnel while escorting accused persons or prisoners to courts, investigation sites, airports, or other public places. The court noted that in recent weeks several incidents involving egg-pelting, physical intimidation, and public protests against accused persons have been reported, raising concerns over the adequacy of existing security arrangements.
Acting Chief Justice Tapobrata Chakraborty observed that the government’s responsibility extends beyond merely arresting those involved in such attacks. “The issue is not limited to arresting one or two individuals. It is equally important to communicate to society the legal consequences of taking the law into one’s own hands,” the court observed. The Bench further stated that such incidents should not be treated lightly, as they undermine the rule of law and encourage vigilantism.
Appearing for the state government, Additional Advocate General Rajdeep Majumdar informed the court that the government does not endorse such incidents under any circumstances. He submitted that whenever complaints are received, appropriate legal action is initiated. According to the state, FIRs have already been registered in several cases and arrests have been made wherever necessary. Majumdar also assured the court that the administration is taking steps to maintain law and order across the state. However, the court indicated that it was not fully satisfied with the state’s explanation.
Justice Partha Sarathi Chatterjee emphasized that every individual, including an accused person, continues to enjoy constitutional protections. “It is the responsibility of the government to ensure the safety of everyone,” the judge stated. The Bench noted that a person’s fundamental rights do not cease merely because he or she has been accused of an offence. The administration must therefore ensure adequate security whenever an accused is transported for investigation or produced before a court. The judges also remarked that public emotions or political hostility cannot be allowed to interfere with the state’s duty to protect individuals in its custody.
During the proceedings, Trinamool Congress MP and senior advocate Kalyan Banerjee raised serious allegations regarding the functioning of the police. He alleged that law enforcement authorities were indirectly encouraging mob justice and failing to prevent attacks on accused persons. Banerjee urged the court to issue immediate interim directions, arguing that without judicial intervention the police would not act effectively. He further alleged that certain public figures had openly encouraged acts such as egg-pelting and referred to incidents in which individuals were allegedly paraded through marketplaces with ropes tied around their waists. He told the court that videos and photographs relating to such incidents would be produced as evidence during the proceedings.
The Division Bench made it clear that the administration cannot evade its responsibility to ensure the safety of persons in custody. The court observed that allowing “public trials” outside the judicial system poses a serious threat to democratic values and the rule of law. Legal observers noted that the High Court’s remarks underline the constitutional principle that criminal allegations must be adjudicated only through due legal process and not through acts of public humiliation or violence
According to submissions made during the hearing, incidents of egg-pelting targeting political leaders and accused persons have reportedly increased following the political change in West Bengal after the Assembly elections held on May 4, in which the BJP formed the government on May 9. Several opposition leaders, including Trinamool Congress National General Secretary Abhishek Banerjee, have allegedly been targeted in such incidents, while reports have also emerged of accused persons being publicly humiliated during police transit.
Taking note of the recurring incidents, the Division Bench directed the Director General of Police (DGP) and the Commissioner of Police to prepare comprehensive operational guidelines aimed at preventing attacks on accused persons while in police custody or during transit. The court directed that these guidelines should be implemented by police stations across the state to ensure uniform compliance.
The state government has also been instructed to file a detailed affidavit outlining the measures already taken to prevent such incidents, the action initiated in reported cases, and the proposed security protocols. The matter is scheduled to be heard next on July 20, when the court will review the state’s compliance with its directions.
