No crimnal intent apparent as no harm caused: Calcutta HC grants interim bail to RG Kar protestors

On Thursday, October 10, the Chief Judicial Magistrate's Court in Alipore remanded the group to seven days of police custody
Calcutta HC
Calcutta HCEdexLive Desk
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The Calcutta High Court, on Friday, October 11, granted interim bail to nine protestors detained for raising 'We want justice' slogans related to the RG Kar hospital rape-murder case outside a Durga Puja pandal on October 9, as reported by PTI.

On Thursday, October 10, the Chief Judicial Magistrate's Court in Alipore remanded the group to seven days of police custody.

After reviewing a petition from their relatives, Justice Shampa Sarkar granted interim bail, requiring each youth to provide a Rs 1,000 surety.

The court noted that their protest aimed neither to incite hatred nor to harm religious sentiments or engage in anti-national activity.

The youths are prohibited from coming within 200 meters of Durga Puja pandals and must report to the police weekly. They were also instructed not to hold any protests during the Red Road Puja Carnival on October 15.

The police were directed to refrain from further action against the group until November 15.

The nine, mostly in their 20s, with one as young as 18, appeared before the Chief Judicial Magistrate on Thursday and were placed in custody until October 17.

The court observed that, given their age, the choice to protest at the pandal, which had publicly banned demonstrations, might have been misguided rather than politically motivated, and no criminal intent was apparent as they had caused no harm.

During the hearing, the public prosecutor argued that the youths had disturbed public order and risked offending religious sentiments by distributing leaflets and raising slogans, which could disrupt the peace during a time when thousands visit the pandals. He called for further investigation to determine any potential larger conspiracy.

The high court, however, emphasised that peaceful and democratic protests are a constitutional right, provided they do not endanger public safety.

The court ordered the Chief Judicial Magistrate to immediately execute the bail order, leading to the release of the youths.

The protestors were originally arrested on Wednesday evening from a prominent Durga Puja marquee in South Kolkata, where they had been distributing leaflets in support of the junior doctors' protests.

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