Court: Anubrata speech non-bailable offencehttps://indianexpress.com/article/cities/kolkata/court-anubrata-speech-nonbailable-offence/

Court: Anubrata speech non-bailable offence

Suri: Cops told to press 4 cognizable charges against TMC leader

The Suri court on Friday slammed Birbhum District Magistrate J P Meena and Superintendent of Police Murlidhar Sharma for not applying non-bailable and cognizable sections of the IPC in the complaint against Trinamool Congress district chief Anubrata Mondal for his July 17 speech in which he had allegedly instigated party cadres at Parui to burn the houses of Independent candidates and attack the police with bombs.

After watching the video CD of Mondal’s speech,Chief Judicial Magistrate Rajesh Chakravarty directed the police to add four cognizable and non-bailable sections against the Trinamool leader. In other words,pressing charges under cognizable offences against Mondal would mean that the police can arrest the controversial Trinamool leader without taking the permission from the court.

The four sections of the IPC that the court has ordered to add against Mondal are 117 (abetting commission of offence by the public or by more than ten persons),436 (mischief by fire or explosive substance with intent to destroy house),332 (voluntarily causing hurt to deter public servant from his duty) and 353 (assault or criminal force to deter public servant from discharge of his duty).

Earlier,the district administration after much prodding by the State Election Commission on Tuesday had pressed charges under sections 189 (threat of injury to public servant) and 505 (1)(b) of the IPC (with intent to cause fear or alarm to the public). With both being non-cognizable offences,police had to approach the Suri court to seek the latter’s nod to start a probe against the Trinamool leader.

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Yesterday,when the court heard the matter it found that the extract of the general diary was missing and warned the police against taking the case “lightly”. Today the CJM asked the Officer in-Charge of Parui police station why it did not attach the extract of the general diary with the application before the court. The OC said he was busy with other works and hence forgot to attach it.

Meanwhile,public prosecutor Ranjit Ganguly said the court’s order to press cognizable offence against Mondal was not legal. “I felt the order of the court is beyond law and it can be challenged. If the government permits me,I am ready to go to the higher court with the order,” said Ganguly.