Kolkata, Oct 11 (PTI) The Calcutta High Court on Friday granted interim bail to nine youths who were arrested for raising 'We want justice' slogans regarding the RG Kar hospital rape-murder incident outside a Durga Puja marquee on October 9.
The nine were remanded to seven days of police custody by the Chief Judicial Magistrate's Court in Alipore on Thursday.
Upon reviewing the petition filed by their relatives, a single bench of Justice Shampa Sarkar granted interim bail to the youths against a surety of Rs 1,000 each.
The court noted that their demonstration was not intended to spread hatred, harm religious sentiments, or engage in anti-national activities.
The interim bail period will be till November 15 and no action can be taken by police against them till that date.
However, the court specified that the youths must not hold any demonstration within a 200-metre radius of Durga Puja pandals and are required to report to the police station once a week. They were also instructed not to stage any protests during the Red Road Puja Carnival on October 15.
The judge requested that police refrain from taking action against them until November 15. The youths, mostly in their 20s with one being just 18, were brought before the Chief Judicial Magistrate on Thursday and placed in police custody until October 17.
The High Court observed that, given their young age, they might have chosen to protest at the specific puja committee's pandal, which had publicly banned such demonstrations.
The court noted that prima facie neither were their actions politically motivated, nor was there any evidence of criminal intent as they did not harm anyone.
During the hearing, the public prosecutor argued that the youths had violated public order and offended religious sentiments by distributing leaflets and raising slogans, which could potentially breach peace during the festive season when thousands visit the pandals.
He asserted that further investigation and interrogation were needed to uncover any possible larger conspiracy.
In response, the High Court emphasised that everyone has the right to peaceful and democratic protest as long as it does not threaten the safety and security of the public.
The court instructed the Chief Judicial Magistrate to execute the interim bail order immediately and release the youths.
Police arrested the youths on Wednesday evening from a popular Durga Puja marquee in South Kolkata, where they were distributing leaflets and supporting the ongoing junior doctors' protests.
The judge in the order underscored the right to dignity and personal liberty of the youths, guaranteed under Article 21 of the Constitution.
Referring to the earlier order, Justice Sarkar said, "An order of remand cannot be mechanically passed by a court, but the court should be satisfied with the facts, figures and the nature of investigation, before passing such an order."
However, that was not followed by the lower court, the HC observed.