Calcutta High Court orders police not to arrest former Viswa Bharati University Vice-Chancellor

Former Vice-Chancellor (VC) of Viswa Bharati University Bidyut Chakrabarty on Friday was granted relief by the Calcutta High Court in cases filed against him over his feud with the State government [Bidyut Chakrabarty v. State of West Bengal]..A vacation bench of Justice Jay Sengupta stayed seven notices issued by the local police against him in relation to seven different criminal complaints lodged against him just a day after demitting office. The Court noted that seven notices were issued by different officers of the Santiniketan Police Station in Bolur district."It is quite uncanny indeed that different police officers belonging to the same police station issued notices to the petitioner to appear and be examined on the very next date of issuance of such notices. Incidentally, all these notices were issued immediately after the petitioner demitted his office as the Vice Chancellor of the University," the Court observed in its order.The Bench went on to wonder whether this was a concerted effort."These facts would themselves warrant an interim interference. However, it is encouraging to note the fair stand taken by the State now that it would not take any coercive measure against the petitioner if he complies with the notices on the date/s and in the manner that would be fixed by this Court."It, therefore, ordered the police not to arrest Chakrabarty till the next date of hearing. .The Bench further directed the Santiniketan Police Station to hand over the copies of all the First Information Reports (FIRs) lodged against Chakrabarty. The FIRs registered against Chakrabarty primarily are under Sections 295A (outraging religious sentiments) and 505(2) (creating enmity between two groups), 506 (criminal intimidation) and 504 (intentional insult to disturb peace), of the Indian Penal Code (IPC).The judge, however, granted liberty to the police authorities to issue fresh notices in respect of such cases."The Police shall be at liberty to issue notices and examine the petitioner in respect of three of the five cases on November 20, for a period not exceeding one hour in each such case. Similarly, on November 22, the police authority shall be at liberty to examine him in respect of the rest of the two cases for a period not exceeding one hour in each of these cases," the order stated.The police officer shall interrogate Chakrabarty at his residence, the Court made it clear..Chakrabarty claimed that the State administration registered false cases against him after he tried to "set things right" at the University."Among other things, provisions of Sections 295A and 505(2) of the Indian Penal Code were misused. But no F.I.R. was registered on the complaints lodged by the petitioner. This was all because the petitioner was trying to set things right in the administration of the University," he told the Court.A day after he demitted office on November 8, the police issued at least seven notices against him. He argued that he was given only a day's time to comply with the notices.Counsel for the State denied the allegations and argued that no coercive measures will be taken against Chakrabarty if he complies with the notices.After noting the contentions, the Court opined that the matter would need to be heard at length, and accordingly adjourned it to November 29..Advocates Srijib Chakraborty, Sunny Nandy and Deeptangshu Kar appeared for Chakrabarty.Senior Advocate Tapan Kumar Mukherjee represented the State..[Read Order]