Calcutta HC: Accused Are Entitled to Dignity, Directs DGP to Curb Egg Attacks and Mob Violence [Read Order]

Kolkata: The Calcutta High Court has directed the Director General of Police, West Bengal, to immediately issue guidelines to prevent persons from hurling eggs upon accused persons and from creating public violence or mob lynching, while hearing a Public Interest Litigation alleging targeted attacks and humiliation of individuals associated with a particular political party.

A Division Bench of Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee was hearing a plea, filed by petitioner Md. Danish Farooqui, seeking directions upon the State to prevent any person from throwing eggs at AITC workers, leaders and the general public, to lodge suo motu complaints against persons indulging in such conduct, to immediately prevent all atrocities, and to restrain police from handcuffing, tying rope at the waist, or making persons in custody parade in half pants and slippers to humiliate them.

Mr. Kalyan Bandopadhyay, Senior advocate appearing for the petitioner, submitted that the PIL had been preferred seeking the Court's intervention in cases of targeted public violence, mob lynching, defamatory media trials and public trials against individuals associated with a particular political party. Drawing the Bench's attention to averments made in paragraph nos.13, 16, 21 and 22 of the writ petition, he submitted that despite several complaints having been lodged regarding the incidents detailed therein, no steps had been taken by the State authorities, though it was their obligation to protect the accused persons and prevent atrocious incidents of mob lynching, including assault upon pregnant women in the presence of responsible political leaders. In support of his submissions, he relied upon the judgments in Zulfiquar Halder and Another v. State of Uttar Pradesh and Others, In re: Manoj Tibrewal Akash, and In re: City Hounded by Strays, Kids Pay Price.

Mr. Rajdeep Mazumdar, Additional Advocate General appearing for the State, submitted that in cases where specific complaints had been lodged regarding the incidents referred to in the writ petition, appropriate steps had already been taken, FIRs had been registered, and the delinquents had already been arrested. He sought an opportunity to place documents on record in support of this contention.

The Court observed that the complaints lodged could not be dismissed as a daily sight, to be pitied and buried, but had to be examined from a fundamental viewpoint. It held that the guarantee of human dignity, forming part of the constitutional culture, and the positive provisions of Articles 14, 19 and 21 of the Constitution of India, spring into action when it is realised that to dehumanise a man is unreasonable and arbitrary. 

The Court stated, "Dignity and security that the law affords are not privileges conferred at the discretion of those in authority; they are rights inherent to every individual, regardless of station, circumstance or means." It further held that the State has a responsibility to protect accused persons from inhumanity and barbarity, that the general public cannot take the law into its own hands, and that incidents of hurling eggs upon accused persons, treating them as scurrilous imposters, need to be restricted, it being the State's obligation to extend due protection to persons accused.

State has a responsibility to protect the accused persons from inhumanity and barbarity. The general public cannot take law in their own hands. The incidents of hurling eggs upon the accused persons, treating them to be scurrilous imposters, need to be restricted and it is the State’s obligation to extend due protection to the persons accused.

Accordingly, the Court directed the Director General of Police, West Bengal, being respondent no.4, to immediately issue appropriate guidelines to prevent persons from hurling eggs upon accused persons and from creating any nuisance, to prevent public violence and mob lynching. Such guidelines are to be communicated to all police stations across the State with mandatory directions upon the officers concerned to comply, and the State authorities are directed to maintain strict vigil and ensure appropriate steps are taken once any such incident is reported.

The Court further directed that on the returnable date, respondent no.4 shall file a comprehensive report in the form of an affidavit detailing the steps taken in compliance with the Court's directions, and that within two weeks the State respondents shall file an affidavit-in-opposition dealing with the specific allegations levelled in the writ petition, furnishing the total list of cases already registered pertaining to the complaints referred to therein. The matter has been listed for further consideration in the daily supplementary list on 20th July 2026 at 2.00 p.m.

Noting that despite service, no one had appeared on behalf of private respondent nos.58 and 59, the Court directed the petitioner to intimate the order and serve copies of the supplementary affidavits filed upon them, to afford a further opportunity to appear and contest, with a copy of the order also to be communicated to respondent no.4 immediately.

Appearances: Mr. Kalyan Bandopadhyay, Senior advocate, along with Mr. Anit Das, Mr. Sirsanya Bandopadhyay, Mr. Arka Kumar Nag and Mr. Rahul Kumar Singh, Advocates appeared for the petitioner, while Mr. Rajdeep Mazumdar, Additional Advocate General, along with Mr. Ajit Kumar Mishra, Assistant Government Pleader, Mr. Madhu Jana, Mr. Gopal Krishna Sarkar and Mr. Mayukh Mukherjee, Advocates appeared for the State.

Case Title: Md. Danish Farooqui vs. The State of West Bengal & Ors., WPA (P) 299 of 2026

[Read Order]