Kolkata: “When the state takes custody of a person, it is its duty to protect his life and honour,” the Calcutta High Court observed on Tuesday while directing the state to frame guidelines for the transportation of accused persons and prisoners to ensure they are not pelted with eggs by protesters.The division bench of Acting Chief Justice (ACJ) Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee, hearing a PIL pleading for steps to stop protesters from throwing eggs at accused persons, asked the state to submit details of the existing guidelines governing transportation of undertrials.The state was also directed to file a report on the action taken in connection with the egg attacks.“Your officers are also being humiliated,” the ACJ observed, referring to the slew of egg attacks on Trinamool functionaries facing corruption and other charges since the party’s rout in the recent assembly polls.On several occasions, eggs landed on cops escorting the accused.“He is an accused, not even convicted. Fundamental rights cannot be seized,” Justice Chatterjee told additional advocate general Rajdeep Mazumder, who was representing the state.While the state maintained that “no one can take law into their hands,” the ACJ asked Mazumder, “If you say this is wrong, what steps are being taken (to prevent such incidents)?”“In one or two matters, you arrest two persons. The problem will not be solved. It’s a question of social awareness. If you dehumanise a person… Suppose a general mob goes and does something. Today, when you make one arrest. That social awareness must be generated… You have to think in a comprehensive manner,” ACJ Chakraborty told the state.Mazumder submitted that FIRs are being lodged whenever such incidents are reported. “Whoever makes the complaint, there has to be a preliminary enquiry under BNSS… because the offences carry punishments below seven years’ imprisonment,” he said. The additional advocate general also submitted that arrests have been made in such cases.Countering the state’s stand, petitioner’s counsel Kalyan Banerjee said, “The govt is saying something, but doing something else.”He prayed for an interim order to police to register suo motu complaints for egg attacks, prevent atrocities against Trinamool workers and desist from searching their homes or work places at odd hours.The bench refused to pass any interim order, saying the state has submitted that it is taking steps to prevent such atrocities.The division bench pointed out that the petition mentioned Banerjee as a victim in one of the cases of atrocities. The senior advocate offered to strike that case from the petition if it posed any problem.END
