Calcutta HC releases man accused of defaming TMC leader; questions arrest

The Calcutta high court ordered immediate release of a Howrah district resident from custody on Wednesday, 72 hours after he was arrested on charges of not appearing before the local police for questioning in an alleged defamation case.

The accused, Shine Ershad, was released from judicial custody before 5pm as ordered by justice Amrita Sinha who questioned the role of the police in her five-page order, a copy of which was seen by HT.

“My client wrote a Facebook post on June 24, raising questions against illegal constructions at several municipal wards in Howrah and the role of Trinamool Congress (TMC) leaders, including minister Arup Roy, who is a local legislator,” Sabyasachi Chatterjee, Ershad’s lawyer, said.

“The Howrah police registered a defamation case on June 28 on the basis of a complaint lodged by Saikat Chatterjee, a local resident. Ershad was arrested on June 30 and remanded in judicial custody by the local court,” Chatterjee added.

The petition at the high court was filed by Ershad’s wife Sarika Khatun. The State was represented by advocate general Kishore Datta.

In her order, justice Sinha said: “Only because a citizen has protested or has raised his voice to highlight the illegalities or corruption by a member of the ruling dispensation and against the member of the Legislative Assembly, the police ought not to have taken such stringent steps to curtail the freedom of the said citizen. Fundamental right of a citizen of this country to move about freely ought not to be curtailed without abiding the due process of law.”

“Prima facie, it appears that the act of detention and arrest of the person concerned is sheer highhandedness on the part of the police officer,” the order, which did not name minister Arup Roy, said.

The minister did not make any comment before the media.

TMC state general secretary Kunal Ghosh said, “Everybody has to abide by the orders of the high court. However, there also must be a debate on what can be written on social media in the name of freedom of expression.”

Saikat Chatterjee, on whose complaint Ershad was arrested, told the local media that he filed his complaint as a citizen and not as a TMC leader.

After his release, Ershad said: “I thought raising my concerns on social media will draw people’s attention to illegal constructions and filling up of water bodies. It seems those who raise their voice only land in jail.”

The case will be heard again on July 10, the court said.