Calcutta HC bars arrest of ex-TMC MLA Atin Ghosh amid bail plea
Synopsis
Key Takeaways
The Calcutta High Court on Monday, 27 July directed the West Bengal Police not to arrest former All India Trinamool Congress (TMC) legislator and Kolkata Municipal Corporation (KMC) Deputy Mayor Atin Ghosh while his anticipatory bail plea remains pending before the court. The directive came even as the scheduled hearing was postponed to Tuesday.
Background of the Case
A land-grabbing case was filed last month against Atin Ghosh and his daughter Priyadarshini Ghosh, involving an alleged fraud of ₹50 lakh. A hotel owner alleged that his property was forcibly acquired for a nominal sum. Although the incident allegedly occurred within the jurisdiction of the Pragati Maidan police station, the complaint was subsequently filed at the Bidhannagar North Police Station under the Bidhannagar City Police in North 24 Parganas district, where the investigation is ongoing.
Court's Directive and Key Observations
The anticipatory bail plea was listed before the single-judge bench of Justice Tirthankar Ghosh but was deferred to Tuesday for reasons not specified in court. Before adjourning, Justice Ghosh issued a pointed oral direction to the police, noting a pattern of arrests immediately after interim protections lapse.
'Do not arrest the petitioner in this case. I have observed that in many cases, the police arrest them immediately after the expiry of any interim protection,' Justice Ghosh said.
The public prosecutor, responding to the court's observation, submitted that police action is taken on a case-by-case basis depending on circumstances. 'However, if a case is pending, coercive action will not be adopted against the accused. The police will be informed accordingly,' the prosecutor submitted.
Ghosh Denies the Allegations
Prior to approaching the high court, both Atin Ghosh and Priyadarshini Ghosh had been summoned by the Bidhannagar North Police Station for interrogation. Ghosh has categorically denied the charges, asserting that his daughter legally purchased the property in question.
'I do not know the person who made the complaint. My daughter bought a property from them. In my 50 years of political life, no one can make any corruption allegations against me. Still, if the police call me for the sake of investigation, I am ready to cooperate in every way,' Ghosh said.
Wider Significance
The case adds to a series of legal proceedings involving current and former TMC functionaries in West Bengal. Justice Ghosh's observation about police conduct — specifically the tendency to act swiftly once court-granted protections expire — underscores a recurring tension between judicial safeguards and law-enforcement discretion. The matter is next scheduled to be heard on Tuesday, 28 July.