Man ‘defaming’ Kolkata Police granted protection from arrest

Kolkata: A man was assured protection by the state that he will not be arrested without the leave of the magistrate after he moved a vacation bench of Calcutta High Court on Tuesday challenging the initiation of a criminal case against him by Girish Park Police Station.

The Bench of Justice Kausik Chanda was moved by the petitioner Subhasis Raha who has been accused of spreading derogatory posts on social media, allegedly provoking breach of peace and defaming Kolkata Police and state government. The man was accused of defamation after he allegedly replaced the inscription of Kolkata Police as ‘Kalighat Choti Police’. A criminal case was initiated against him at Girish Park Police Station and the police served him a notice under Section 35 (3) BNSS and asked him to appear before the police. His phone was also allegedly seized. The petitioner’s counsel Sabyasachi Chatterjee argued that the private respondent, who is also the de-facto complainant, has no locus standi in initiating such a complaint of defamation. It was argued that the police misused its power to harass the petitioner. It was argued that as a citizen, he has the fundamental right to express views without restrictions as guaranteed under Article 19 (1) (a) of the Constitution.

The court observed: “The state has assured that without leave of the Magistrate, the petitioner shall not be arrested”. The matter is next listed for October 29 before the vacation Bench.