Calcutta High Court Grants Interim Bail to Nine Youths Arrested for Protest Outside Durga Puja Marquee

The Calcutta High Court granted interim bail to nine young individuals on Friday. They were arrested for chanting "We want justice" slogans related to the RG Kar hospital incident outside a Durga Puja marquee on October 9. The Chief Judicial Magistrate's Court in Alipore had previously remanded them to seven days in police custody on Thursday.

The interim bail, granted by Justice Shampa Sarkar, requires a surety of Rs 1,000 each. The court noted that their protest was not aimed at inciting hatred or harming religious sentiments. The bail is valid until November 15, and the police are instructed not to take any action against them until then.

Conditions and Observations

The court imposed conditions on the youths, prohibiting demonstrations within 200 metres of Durga Puja pandals. They must also report to the police station weekly and refrain from protests during the Red Road Puja Carnival on October 15. The judge emphasised that no action should be taken against them until November 15.

Most of the youths are in their 20s, with one being just 18. They were presented before the Chief Judicial Magistrate on Thursday and placed in custody until October 17. The High Court acknowledged their young age and noted that their choice of protest location might have been influenced by the puja committee's public ban on such demonstrations.

Legal Arguments and Court's Stance

The public prosecutor argued that the youths disrupted public order and offended religious sentiments by distributing leaflets and raising slogans. He suggested that further investigation was necessary to uncover any larger conspiracy. However, the High Court stressed the right to peaceful protest as long as it does not endanger public safety.

The court instructed the Chief Judicial Magistrate to implement the interim bail order without delay and release the youths. They were arrested on Wednesday evening from a popular Durga Puja marquee in South Kolkata while supporting junior doctors' protests.

Constitutional Rights and Judicial Observations

Justice Sarkar highlighted the importance of dignity and personal liberty under Article 21 of the Constitution. The judge remarked, "An order of remand cannot be mechanically passed by a court, but the court should be satisfied with the facts, figures and the nature of investigation, before passing such an order." The High Court observed that this procedure was not followed by the lower court.

The High Court's decision underscores the balance between maintaining public order and respecting individual rights. It reinforces that peaceful protests are a democratic right, provided they do not compromise public safety or security.