The Calcutta High Court on Friday directed the West Bengal government to submit a detailed report on public interest litigations (PILs) alleging that arrested individuals are being paraded in public. A division bench presided by Justice Jay Sengupta emphasized that police must operate strictly within the legal framework and that no accused should face humiliation.
Court's Observations
During the hearing, the bench expressed strong concerns over the alleged practice, stating that such actions violate the fundamental rights of the accused. The court remarked that even those arrested for serious offenses are entitled to dignity and fair treatment under the law. The bench further noted that parading arrested persons before the media or public could prejudice their case and undermine the presumption of innocence.
Legal Framework
The court referred to existing legal provisions and Supreme Court guidelines that prohibit the humiliation of accused individuals. It stressed that law enforcement agencies must adhere to procedures that respect human rights. The bench also highlighted that any deviation from these norms would attract strict judicial scrutiny.
Government's Response
The state government's counsel assured the court that necessary instructions have been issued to police authorities to comply with the law. However, the bench was not fully satisfied and sought a comprehensive report detailing the steps taken to prevent such incidents. The report is to be filed within four weeks.
Background of the PILs
The PILs were filed by social activists and civil society members who alleged that in multiple instances, persons arrested in connection with various crimes were paraded through streets and displayed to the media. The petitioners argued that this practice not only violates the rights of the accused but also creates a mob mentality, potentially leading to extrajudicial actions.
The court has listed the matter for further hearing after the report is submitted. It also warned that if the allegations are found true, the court may consider issuing contempt notices or other remedial measures.
