Calcutta High Court grants bail to student leader arrested for involvement in violence during Nabanna Abhijan

Kolkata: The Calcutta High Court on Friday granted bail to Paschim Banga Chhtra Samaj leader Sayan Lahiri, who was allegedly one of the organisers of a rally outside the state secretariat in Nabanna on August 27 to protest against the alleged rape and murder of a doctor at the RG Kar Medical College and Hospital here.

Paschim Banga Chhatra Samaj, an unregistered student group, was one of the two organisations that called for the ‘Nabanna Abhijan’.

Lahiri was arrested on the evening of August 27 for playing an active role in leading the rally. The rally turned violent, police said, with destruction of public and private property and attacks on police officers.

Justice Amrita Sinha observed that Lahiri appeared to be a completely insignificant figure, who had no power or influence, “in the massive cry for justice in the wake of the RG Kar incident”. In order to preserve and restore public confidence in the judiciary, his release on bail could be considered.

Responding to a petition filed by Lahiri's mother Anjali seeking quashing of the case against him and grant of bail, the court ordered his release from custody by 2 pm on Saturday.

Justice Sinha restrained the police from taking any coercive action against Lahiri in connection with the case of his arrest or any other case pending or which may be pending against him without the permission of the court.

The court ordered the state to file an affidavit opposing the plaintiff's allegations by September 20 and to respond, if available, by October 4.

While passing the order, the court observed that although the Paschim Banga Chhatra Samaj did not have any legal personality, it was a spontaneous association within the fraternity, supported by the general public, which was deeply dismayed by the RG Kar incident.

Justice Sinha noted that protests against the incident had spread throughout the society and the country.

“Had the incident involving RG Kar not occurred, the Paschim Banga Chhatra Samaj would not have existed,” the court said.

It was pointed out that thousands of ordinary people had taken part in the protest rally and that the status of the protesters overcame all barriers and boundaries.

“It cannot be said with certainty that such a large crowd was gathered on the public roads and streets only because of the appeal made by the plaintiff's son. The troublemakers and protesters were on the streets demanding justice,” said Justice Sinha.

The court noted that protests continued uninterrupted immediately after the incident and stated that “the authorities should have handled the matter more sensitively instead of targeting the protesters to deter them from continuing their agitation.”

“The authorities should realise that the protests are more of a social uproar against the unfortunate incident at RG Kar,” she said in the order.

Justice Sinha said the Supreme Court on August 22 made it clear that peaceful protests should not be disturbed or interrupted, while restraining state authorities from taking hasty action against peaceful protesters.

Noting that the Supreme Court had allowed the police to exercise their regulatory powers, Justice Sinha said, “It would be absolutely impermissible if indiscriminate arrests were made under the guise of exercising regulatory powers to create fear and terrorise the protesters by keeping them behind bars.” Petitioner Anjali Lahiri stated that several complaints had been filed against her son at different police stations in Kolkata. She claimed that he was innocent and had been falsely implicated in criminal cases.

Opposing the bail application, state Attorney General Kishore Dutta claimed in court that Lahiri had made inflammatory speeches that incited protesters and led to a complete breakdown of law and order in the city on August 27.