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Calcutta HC Orders Action Against Mob Violence on Accused
In a significant ruling aimed at upholding the constitutional guarantee of , the has directed the , to issue immediate guidelines across the state to prevent mob violence, public humiliation, and the physical targeting of accused persons. The Division Bench, comprising Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee, emphasized that the state bears a non-negotiable obligation to shield individuals in custody from "inhumanity and barbarity."
The Shadow of Public Trial The ( ) was initiated by Md. Danish Farooqui, who raised serious concerns regarding the rising trend of targeted public attacks and the humiliation of persons associated with political parties. The petition detailed distressing incidents where accused individuals were subjected to acts of harassment, including the hurling of eggs and other projectiles by mobs, and public parading in a manner intended to strip them of their dignity.
Arguments: Security vs. Vigilantism Representing the petitioner, argued that existing complaints regarding mob violence and assaults—including attacks on pregnant women—had been largely ignored by state authorities. He contended that the failure to protect the accused in such instances amounted to a dereliction of duty.
The State, represented by , maintained that in instances where specific, formal complaints were filed, the police had responded with appropriate rigor, including the registration of and the arrest of suspects. The state requested time to reconcile these claims with official documentation.
A Constitutional Mandate for Dignity The Court rejected the notion that incidents of mob-led humiliation should be dismissed as mere "daily occurrences." Drawing inspiration from precedents such as and , the bench observed that the rights guaranteed under Articles 14, 19, and 21 are not privileges granted at the whim of the administration, but inherent features of the individual's constitutional standing.
Key Observations The judgment serves as a stark reminder of the limits of public action, with the Court declaring:
"The guarantee of, which forms part of our constitutional culture and the positive provisions ofspring into action when we realize that to dehumanize a man is unreasonable and arbitrary."
"Dignity and security that the law affords are not privileges conferred at the discretion of those in authority; they are rights inherent to every individual, regardless of station, circumstance or means."
"State has a responsibility to protect the accused persons from inhumanity and barbarity. The general public cannot take law in their own hands."
Protecting the Beyond merely ordering the DGP to implement these new guidelines, the Court has mandated strict departmental oversight. All police units in West Bengal are now tasked with maintaining a "strict vigil" and ensuring prompt action is taken against those who engage in or instigate violence against the accused.
The Court has ordered the State to file a comprehensive within two weeks, addressing the specific allegations in the petition and providing a detailed list of cases registered regarding these incidents. The matter is slated for further review on , marking a pivotal moment where the judiciary asserts that even amidst political tension, the must remain untarnished by the volatile nature of mob rule.
