In a recent ruling, the Calcutta High Court emphasized that the police cannot infringe upon a citizen’s freedom simply because they exposed corruption by a ruling party member. The court directed the immediate release of the detained individual and demanded CCTV footage from the police station on the arrest date.
Justice Amrita Sinha expressed that the police’s actions in detaining the individual were a blatant abuse of power. The court stressed that protesting against corruption should not result in the curtailment of fundamental rights without following due process.
The case arose after the man’s wife sought the High Court’s intervention when her husband was arrested on June 30 at Shibpur Police Station, following a complaint two days earlier. He had allegedly defamed a ruling party MLA and was arrested for not responding to a notice under Section 41(A) of the Criminal Procedure Code.
The Advocate General for the State argued that the man was in judicial custody after being presented before a magistrate. However, the court noted the police’s excessive zeal in arresting him a day before the scheduled appearance date, deeming it an overreach of authority.
The court ordered the police to release the man immediately and preserve the CCTV footage from June 30 to clarify the circumstances of his arrest. The matter is set for further hearing on July 10.
