High Court directs release of Sayan Lahiri from custody, bars coercive action

Kolkata: The Calcutta High Court, on Friday, directed the state to release Sayan Lahiri, arrested in connection with Nabanna Abhijan, from custody positively by 2 pm on August 31 and restrained the state from taking any coercive action against him without the leave of court.

The Bench of Justice Amrita Sinha was moved by the mother of Sayan. The court gave an interim protection to Sayan and specified that the direction was passed to “prevent abuse of the process of law and for the ends of justice”.

Justice Sinha ordered: “The son of the petitioner is already in custody on and from 27th August, 2024. The police must have recorded his statements by now. I am of the opinion that there is no requirement of any further custodial interrogation of the charges levelled

against him.”

Further, the court said: “The son of the petitioner is directed to be released from custody positively by 2 pm on August 31, 2024. The respondents are restrained from taking any coercive action against the son of the petitioner in connection with the subject case where he has been arrested or any other case which has been or may be registered against him without the leave of the Court.” The petitioner alleged her son was arrested and is in custody in connection with a Maidan Police Station case under various sections of Bharatiya Nyaya Sanhita, 2023 read with Section 3 of the Prevention of Damage to public property read with Section 9 of the West Bengal Maintenance of Public Order Act. It was alleged that several FIRs were registered against her son within a short time to entangle him in criminal cases to harass him unnecessarily as he is taking active part in organizing protest rallies against the rape and murder of a junior doctor of RG Kar Hospital.

The petitioner alleged her son, on August 27 evening was detained by the police of the Maidan Police Station and taken into custody. A prayer for bail was moved which stood rejected by the criminal court. The petitioner prayed for quashing the FIR lodged against her son and further prayed to release her son from custody. It was submitted that there is no direct evidence against Sayan for causing any destruction of public or private property. The court directed the state to file an affidavit in opposition by September 20. Reply, if any, by October 4. “The parties are granted liberty to mention the writ petition for hearing before the regular Bench”.