The Calcutta High Court, on Wednesday, directed the immediate release of a man detained by the police after a complaint alleging he expressed grievances on social media about the unauthorized filling of ponds in Howrah.
The court emphasized that merely for raising concerns about illegal activities and corruption, the police should not have resorted to such severe measures that infringe upon the citizen's freedom.
Describing the arrest as an "act of highhandedness" by the police, Justice Amrita Sinha ordered the immediate release of the man from jail. Sultan's wife approached the high court, accusing the police of overreacting to the situation.
On June 30, the Shibpur Police in Howrah arrested him allegedly because he did not receive a notice requiring him to appear before the investigating officer on July 1. An FIR had been filed against him on June 28, accusing him of intending to disrupt public tranquility.
Justice Sinha noted that despite an error in the notice, the petitioner's husband was arrested at the police station. The state's Advocate General, Kishore Dutta, argued that the arrest occurred at his residence due to his failure to accept the notice. The petitioner countered, claiming her husband was arrested at the police station while attempting to comply with the police directive.
The court observed a discrepancy regarding the place of arrest between the state and the petitioner's lawyers. It ordered that CCTV footage from June 30 at the Shibpur police station be preserved and submitted to the court upon request.
"The act of the police in fixing the date of appearance on July 1, but arresting him on June 30, on the date the notice was issued, appears to be an overzealous act of the police officer," Justice Sinha observed.
The court asked the state the reason for the hasty arrest of the accused, observing that it was a clear case of excess action by the police.
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