kolkata

IIE Digital Desk: The Calcutta High Court has ruled that the police cannot arrest an accused person while his bail request is being heard by the court, warning them not to rush charges before the judiciary has time to consider the case. During the hearing of a plea brought by former Trinamool Congress MLA Atin Ghosh, the observation was observed.

"The bench questioned the urgency of this proposed arrest, asking why there is such an influx of people being arrested just after they file complaints or immediately after their earlier court protection ends." The bench's statement follows. It added: "What is happening now?".

Ghosh was detained by the police until his bail application has been received in court. While the court considers his plea, the interim protection allows the petitioner to pursue his legal claim without fear of arrest. The High Court highlighted the importance of protecting due process and ensuring that any right granted to seek anticipatory bail is not nullified by rushed police action. The judges declared that people have a right to approach the court before coercion is enforced, unless exceptional circumstances warrant immediate arrest.

The decision has been made in light of the increasing judicial scrutiny surrounding arrest procedures in West Bengal, with courts repeatedly asserting that arrest should not be solely based on the filing of an FIR. Legal experts maintain that the recent ruling affirms personal liberty and procedural fairness as essential components of criminal investigations.

The High Court has been assigned to hear the petitioner's anticipatory bail plea and determine whether to protect them from arrest under conditions. Until then, the police have been prohibited from using force in the case.