Calcutta HC orders release of man held for expressing concern over illegal filling up of ponds

 Terming the arrest as an 'act of highhandedness' on the part of the police, Justice Amrita Sinha directed that he be released immediately from jail

PTI, Calcutta, 03.07.24  : Calcutta High Court on Wednesday ordered the immediate release of a man who was arrested by the police following a complaint after allegedly venting on social media over the illegal filling up of ponds in Howrah.

The court said that only because the accused tried to highlight illegalities and corruption, the police ought not to have taken such a stringent step to curtail the freedom of the citizen.

Terming the arrest as an "act of highhandedness" on the part of the police, Justice Amrita Sinha directed that he be released immediately from jail.

Sultan's wife moved the high court alleging overaction on the part of the police.

He was arrested by Shibpur Police in Howrah on June 30 allegedly because he failed to receive a notice directing him to appear before the investigating officer on July 1.

An FIR was lodged against him on June 28 for allegedly intending to commit an offence against public tranquility.

Justice Sinha observed that despite an error in the notice, the husband of the petitioner was arrested at the police station.

Appearing for the state, Advocate General Kishore Dutta stated that the man was arrested from his residence as he failed to accept the notice.

The petitioner, however, claimed that her husband was arrested at the police station when he went there to comply with the directive of the police.

Noting that a difference has arisen over the place of arrest between the state and the petitioner's lawyers, the court directed that the CCTV footage of June 30 in Shibpur police station be preserved and produced before it as and when directed.

"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