Justice Saugata Bhattacharya directed police not to take coercive steps against Mitra without the court’s permission until December 24, provided she cooperates with the investigation. The court also ordered that she receive at least 48 hours’ notice before being required to appear before investigators.
The protection came while the court declined, at this stage, to quash the criminal proceedings arising from the July 24 protest in Kolkata. Sixteen FIRs have been registered against Mitra over the poster, which she displayed while participating in a demonstration linked to allegations of irregularities in the NEET examination and demands concerning accountability in the education system.
During the hearing, the judge sharply questioned the propriety of the depiction. The court observed that the image could not be dismissed as merely a cartoon and described the act of publicly displaying it as something a prudent citizen ought not to have done.
“It shocks the conscience of the Court having seen the nature of the ‘cartoon’,” Justice Bhattacharya observed, while also cautioning that quashing the cases outright could be seen as encouraging such “obnoxious acts”.
At the same time, the bench distinguished its disapproval of the poster from the legal ingredients required to sustain the criminal charge invoked by police. The court said the offensive nature of the depiction did not automatically establish the offence alleged under Section 353 of the Bharatiya Nyaya Sanhita.
Mitra’s counsel, senior advocate Bikash Ranjan Bhattacharya, argued that even if the display was considered distasteful, it did not amount to a criminal offence. He told the court that Mitra had already appeared before investigators and would continue to cooperate with the inquiry.
The court accepted that the investigation could proceed but imposed safeguards against arrest and other coercive action. It made clear that the interim protection depended on Mitra’s cooperation, adding that the state could seek withdrawal of the relief if she failed to comply with lawful investigative requirements.
The investigating agency was also directed to place before the court a report detailing the steps taken in the probe on the next date of hearing. Police are expected to consolidate the complaints arising from the same incident so that the investigation is handled in a coordinated manner.
The cases stem from a students’ protest rally held in Kolkata on July 24, where Mitra was photographed carrying the controversial poster. The demonstration was organised amid protests over alleged irregularities in the National Eligibility-cum-Entrance Test and demands for action from the authorities responsible for education policy and examination administration.
The actor later approached the High Court challenging the multiple FIRs and notices issued by different police stations. Her petition argued that several criminal proceedings based on one incident amounted to an abuse of process and sought their quashing.
The state opposed immediate termination of the cases, maintaining that the investigation should be allowed to continue. The court agreed to let investigators proceed, while questioning whether the statutory provision cited by police was attracted merely because the poster was insulting or offensive.
Additional Advocate General Rajdeep Mazumder, appearing for the state, argued that the material had the potential to disturb public peace. The bench nevertheless indicated that the prosecution would have to demonstrate how the statutory elements of the alleged offence were satisfied on the facts.
Justice Bhattacharya observed during arguments that an insulting depiction of a particular person did not, by itself, answer the legal question of whether public peace was endangered in the manner contemplated by the penal provision. The observation formed a key part of the court’s decision to protect Mitra from coercive action without stopping the probe.
