HC bars coercive police action against Joint Forum leader Bhaskar Ghosh

Kolkata: Upholding that the right to peaceful protest and assembly is a fundamental right guaranteed under Article 19 of the Constitution of India, the Calcutta High Court on Wednesday granted protection from coercive police action to Bhaskar Ghosh, one of the convenors of ‘Sangrami Joutha Mancha’, against whom FIRs were registered in connection with Nabanna Abhijan protest.

The Single Bench of Rajarshi Bharadwaj relied on a Supreme Court observation that courts are duty-bound to undertake a prima facie evaluation of whether the ingredients of the alleged offence have been established in the FIR.

“The petitioner’s involvement in organising peaceful protests is not an offence that carries severe punishment. The allegations involve a peaceful assembly aimed at raising concerns about government policies. In fact, prior approval for the protest had been conditionally granted by the authorities,” the High Court Single Bench observed in its order.

“The petitioner has no criminal antecedents and has acted lawfully, securing permission for the protest and complying with established procedures. The petitioner’s peaceful activism as a teacher and social worker should not attract criminal liability. The petitioner’s activities fall under lawful peaceful protest…”.

The court also relied on the case Anjali Lahiri Vs. The State of West Bengal & Ors., observing that “the petitioner may have played an active role and may have been a bit more vocal than the other protestors. The same does not ipso facto mean that the petitioner is the leader of the rally that took place throughout the State and that he ought to be held responsible and made accountable for any offences which took place at the site of the rally”

The court directed: “In light of the above observations, the respondent authorities are restrained from taking any coercive action against the petitioner till 30th November, 2024 in connection with the subject cases as mentioned by the petitioner or any other cases which have been or may be registered against him without the leave of the Court. The respondent authorities are directed to file their affidavit-in-opposition within four (04) weeks from date.”