Terming the arrest of former CPIM MLA Nirapada Sardar – on the basis of a First Information Report (FIR) filed a day before the official complaint was lodged (February 10) and the subsequent 17-day custody — by Sandeshkhali police “shocking”, the Calcutta High Court (HC) granted him bail on Tuesday.
During the hearing, Sardar’s lawyer appealed that his FIR was initiated on February 9, but the complaint against him was lodged on February 10 and he was arrested on February 11. “It is shocking that a citizen of India is taken into custody on the basis of such police complaint…The bail petitioner points out that the complaint is dated February 10, 2024 while the first information report is dated February 9, 2024 and the police claims that they received the written complaint on February 9, 2024 at 22:10 hours…Jurisdictional Superintendent of Police will submit a report as to the contents of the police diary and in particular the facts mentioned in this order,” the HC said.
“Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary, including the statements recorded under Section 161 of the Criminal Procedure Code and the seizure list. Attention of the learned advocate for the State is drawn to the contents in the case diary, including the first few pages thereof where, the police complaint and the first information report appears, in particular, the dates…Learned advocate for the State is unable to answer as to how such discrepancy appears in the case diary,” the HC said.
#WATCH | Kolkata, West Bengal | Advocate Sudipta Das Gupta, one of the counsels of former CPI(M) MLA Nirapada Sardar, says, "Today he was granted ad-interim bail by the Division Bench, primarily on the ground that FIR was lodged on 9th but the complaint relating to which the FIR… pic.twitter.com/LNwojdwfd7— ANI (@ANI) February 27, 2024
After his release, Sardar said, “My arrest was absolutely illegal. The government will have to pay for this.”
Bharatiya Janata Party (BJP) MLA Agnimitra Paul said, “Despite being rapped by the court everyday, the state is not bothered.”
Meanwhile, Basirhat SP Mehedi Hossain said, “We are enquiring the matter. It may be some human error. We will give the report.”
Ruling Trinamool Congress’s Kunal Ghosh said, “This is a court matter and we will not comment on it.”
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