Egg-pelting on TMC leaders: Calcutta HC seeks report from DGP, orders guidelines to curb mob violence

The Calcutta High Court on Tuesday directed the Director General of Police (DGP) of West Bengal to issue guidelines to prevent incidents of egg-pelting, public violence and mob lynching against persons arrested or accused in criminal cases [Md Danish Farooqui Vs. The State of West Bengal & Ors.].

A Division Bench comprising Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee also sought an action-taken report from the DGP on incidents of egg pelting and other such attacks on workers and leaders of the All India Trinamool Congress (TMC). 

Criticising such incidents, the Court said,

"State has a responsibility to protect the accused persons from inhumanity and barbarity. The general public cannot take law in their own hands. The incidents of hurling eggs upon the accused persons, treating them to be scurrilous imposters, need to be restricted and it is the State’s obligation to extend due protection to the persons accused."

Therefore, the Court ordered the DGP to promptly circulate guidelines to curb such attacks on accused persons, including TMC leaders.

"We direct the Director General of Police, West Bengal to immediately issue appropriate guidelines to prevent persons from hurling eggs upon the accused persons and from creating any nuisance, to prevent public violence and mob lynching. Such guidelines shall be communicated to all the police stations...The State authorities shall maintain a strict vigil and ensure that appropriate steps are taken once any such incident is reported," the order said.

The Court also sought a report from the DGP on the steps taken to comply with these directives by July 20, when the matter is scheduled to be heard next.

The Court added that the State must furnish a report on the cases registered on the egg-pelting or other such attacks complained of by the petitioner against TMC workers and leaders within two weeks.

The interim order was passed on a PIL filed by one Md. Danish Farooqui who sought directions to prevent persons from throwing eggs at TMC workers and leaders and to ensure action against those engaging in such acts.

The petition also raised concerns regarding the public humiliation of accused persons, including by unnecessary handcuffing, tying ropes around their waists and parading them in public. 

Senior Advocate Kalyan Bandopadhyay, appearing for the petitioner, argued that the PIL was prompted by incidents of targeted public violence, mob attacks and media trials against persons associated with the TMC.

The petition alleged that despite several complaints being lodged over such incidents involving assaults, public humiliation and attacks on accused persons including pregnant women, the authorities had failed to take adequate preventive action. 

The State, represented by Additional Advocate General Rajdeep Mazumdar, countered that FIRs had already been registered in cases referred to in the petition and that arrests have been made.

In its order, the Bench underscored that complaints relating to such incidents could not be treated lightly.

"Prima facie the complaints lodged cannot be dismissed as daily sight, to be pitted and buried but to be examined from fundamental view point. The guarantee of human dignity, which forms part of our constitutional culture and the positive provisions of Articles 14, 19 and 21 of the Constitution of India spring 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," it said.

The matter is listed next on July 20 at 2 PM.

[Read Order]