The Calcutta High Court on Wednesday directed the police not to arrest former Visva-Bharati vice-chancellor Bidyut Chakrabarty till January 11 in connection with an FIR lodged against him over a letter he wrote to Chief Minister Mamata Banerjee. Chakrabarty had written the letter to the CM on November 7, a day before his retirement.
An FIR was lodged by a person in Santiniketan Police Station over contents of the letter, including reference to Banerjee’s interest in writing poetry and painting.
He was charged under Section 505(2) (statements creating or promoting enmity, hatred or ill-will between classes) of the Indian Penal Code. Justice Jay Sengupta directed the police not to arrest Chakrabarty till January 11, when the matter would be taken up for hearing again.
The court observed that for invoking Section 505(2) of the IPC, there has to be at least two groups between whom enmity could be created or promoted on grounds of religion, race etc. Maintaining that if there is only a defamatory publication, then it could only raise cause of action for filing a criminal case for defamation, the court said that these apparently cannot be the justification to register an FIR under Section 505(2) of the IPC.
On a submission by the private respondent’s lawyer that they did not receive a notice or copy of the petition, the court directed that the matter would be heard on January 11. Justice Sengupta directed the police to submit the case diary in the matter on the next date.
He directed that in the meantime, the investigating agency will not arrest Chakrabarty in connection with the case and will not file a report in the final form without the permission of this court. The former VC’s counsel Srijib Chakraborty submitted before the court that the letter starts by praising the chief minister for her extracurricular interests.
He submitted that there is nothing in the letter that could have the capacity to insinuate the chief minister or anyone else. Opposing the petition, state’s counsel submitted that this is a premature stage and investigation needs to continue.
