Human Dignity Extends To Every Accused, State Must Prevent Egg-Throwing, Mob Violence: Calcutta High Court

The Calcutta High Court has directed the Director General of Police (DGP), West Bengal, to immediately issue statewide guidelines to prevent members of the public from hurling eggs at accused persons, engaging in mob violence or lynching, observing that every accused is entitled to dignity and protection under the Constitution.A Division Bench comprising Acting Chief Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee passed the directions while hearing a public interest litigation alleging targeted public violence, mob attacks and public humiliation of persons associated with a particular political party.The PIL was filed by Md. Danish Farooqui. Senior Advocate Kalyan Bandopadhyay, appearing for the petitioner, contended that despite several complaints regarding assaults, targeted violence and public humiliation of accused persons, the State authorities had failed to take effective action.The petition sought directions upon the State to prevent persons from throwing eggs at workers and leaders of the All India Trinamool Congress (AITC) as well as members of the general public, to register suo motu complaints against those indulging in such acts, to prevent mob violence and atrocities, and to ensure that persons in custody are not handcuffed, tied with ropes around the waist or paraded in half-pants and slippers in a manner that humiliates them.Referring to specific averments in the writ petition, the petitioner's counsel argued that incidents of mob lynching and assaults, including attacks on pregnant women, had occurred despite complaints being lodged with the police. Reliance was placed on the Supreme Court's decisions in Zulfiquar Halder v. State of Uttar Pradesh, In Re: Manoj Tibrewal Akash and In Re: City Hounded by Strays, Kids Pay Price.Appearing for the State, Additional Advocate General Rajdeep Mazumdar submitted that wherever specific complaints had been lodged, FIRs had already been registered and the accused persons had been arrested. He sought time to place the relevant records before the Court.After considering the submissions, the High Court observed that the allegations raised in the PIL could not be brushed aside."Prima facie the complaints lodged cannot be dismissed as daily sight, to be pitted and buried but to be examined from fundamental view point. The guarantee of human dignity, which forms part of our constitutional culture and the positive provisions of Articles 14, 19 and 21 of the Constitution of India spring into action when we realize that to dehumanize a man is unreasonable and arbitrary."Emphasising that constitutional protections extend even to persons accused of offences, the Bench held:"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."The Court further underscored that the State has a constitutional obligation to protect accused persons from public violence and humiliation."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 Bench directed the Director General of Police, West Bengal, to immediately issue appropriate guidelines to all police stations across the State to prevent egg-throwing, public violence, mob lynching and other nuisance against accused persons. The Court ordered that the guidelines be communicated with mandatory directions to all officers for strict compliance and directed the police to maintain vigilant supervision so that prompt action is taken whenever such incidents are reported.The DGP has been directed to file a comprehensive affidavit on the next date detailing the steps taken in compliance with the Court's directions. The State has also been directed to file, within two weeks, an affidavit-in-opposition addressing the specific allegations made in the PIL and furnishing a list of all cases registered in relation to the complaints referred to in the petition.The matter will next be heard on July 20, 2026.Case: Md. Danish Farooqui v. State of West Bengal & Ors., Case No: WPA (P) 299 of 2026.Click here to read order

Human Dignity Extends To Every Accused, State Must Prevent Egg-Throwing, Mob Violence: Calcutta High Court

Srinjoy Das

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, the court said.

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Srinjoy Das

Human Dignity Extends To Every Accused, State Must Prevent Egg-Throwing, Mob Violence: Calcutta High Court

Srinjoy Das

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, the court said.

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Srinjoy Das

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