A division vacation bench of the Calcutta High Court on Friday, 5 June directed the West Bengal Police to submit a detailed report within three weeks on complaints that arrested persons were being paraded through public streets with ropes tied around their waists. The bench, comprising Justice Jay Sengupta and Justice Smita Das De, made the order after hearing a petition triggered by viral social media footage of at least two such incidents.

What the Court Observed

The bench made its position unambiguous: regardless of the severity of the charges against an accused, the police have no authority to publicly humiliate a person following arrest. Justice Sengupta stated from the bench, 'The police can surely arrest an accused and take action against the accused persons as per the legal provisions. If the guilt is proved, then there are even provisions for the death penalty. But surely, no accused persons can be defamed in such a manner in the name of arrest.'

The court also questioned the specific circumstances that led officers to tie ropes around the waists of the accused, pressing police counsel for a factual explanation.

Police Explanation and Court's Counter

The state government's counsel informed the bench that in most of the reported incidents, the accused had been arrested on extortion charges and were subsequently taken back to the scene of the alleged crime to help officers recreate the sequence of events. The bench, however, immediately questioned whether such a procedure implied a genuine risk of the accused attempting to flee custody.

The court acknowledged that police are duty-bound to take all necessary precautions to prevent escape. Notably, it balanced that obligation against an equally firm principle — that the personal dignity of an accused person must be respected by law-enforcement officers at every stage of the process, including during arrest and transit.

Background and Legal Context

The petition before the court followed reports of the incidents spreading widely on social media, drawing public attention to a practice that critics argue violates the constitutional protections available even to persons accused of crimes. Under Article 21 of the Indian Constitution, the right to life and personal liberty — which courts have interpreted to include the right to dignity — extends to accused persons and cannot be curtailed outside due process.

This is not the first time Indian courts have been called upon to address the conduct of police during and after arrests. High courts across the country have, on multiple occasions, reminded law-enforcement agencies that an arrest does not strip an individual of fundamental rights.

Next Steps

The West Bengal Police is required to place its detailed report before the bench within the next three weeks. The matter is next listed for hearing after four weeks, at which point the court is expected to examine the police response and determine whether further directions are warranted.