Nabanna Abhijan: ‘Police violated legal procedures...’

Soumyadip Mullick, MP, 14 Sept 2024, Kolkata: The Calcutta High Court on Friday, in its judgement relating to the detention and arrest of four student leaders on the eve of Nabanna Abhijan, said the police have acted in contravention of the law, undermining the fundamental rights of the petitioners. 

The Bench of Justice Rajarshi Bharadwaj on Friday observed that the petitioners’ arrest and detention were executed in violation of legal procedures, and consequently, the detention stands vitiated in law. 

The court observed: “…the petitioners were unlawfully detained by the State Police authorities on the night of 26th August, 2024. 

The manner in which the detention was executed, particularly without any justifiable grounds, demonstrates a blatant disregard for the established legal and constitutional safeguards. 

Furthermore, the Police authorities have demonstrably failed to discharge their statutory duties as prescribed under Section 23 of the Police Act, 1861”. 

It was further observed: “…it is abundantly clear that the police authorities have failed to establish any “concrete knowledge or reasonable apprehension” as mandated under Section 35(b)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the petitioners’ involvement in any cognizable offence, as no substantial evidence was adduced against the petitioners upon the expiration of 24 hours, necessitating their release”. 

The court said: “In the present case, the procedure laid down under Section 36 (BNS) was not duly followed. Instead, an unknown individual has been made a witness to the arrest without providing any verifiable details about their identity or status. 

This clear deviation from the prescribed legal procedure renders the arrest unlawful”. The absence of any family member or respected local individual as a witness, and the use of an unidentified person for attestation, raises serious concerns about the transparency and legitimacy of the arrest. 

This further strengthens the conclusion that the petitioners’ arrest and detention were executed in violation of legal procedures, and consequently, the detention stands vitiated in law. 

“The failure of the police authorities to notify the petitioners’ family members immediately after their detention, coupled with the delayed issuance of a notification justifying their arrest only after the matter was brought before this Court, highlights a clear breach of the due process of law,” the court observed 

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