'Public Parading Of Accused Is Impermissible, Violates Human Rights': Calcutta HC

Kolkata, July 7, 2026: The Calcutta High Court on Tuesday orally observed that publicly parading an accused by the police is “impermissible” and “infringes human rights”, while hearing a plea filed by Trinamool Congress (TMC) leader Soukat Molla challenging his alleged public parading during the investigation.

Appearing for Molla, Senior Advocate Kishore Datta argued that publicly parading arrested persons had become a disturbing practice. “A culture has developed of parading accused. Once someone is arrested, he is produced before the Magistrate,” Datta submitted. Agreeing with the broad proposition, the court remarked, “Yes, this is impermissible. It infringes human rights.”

Court Questions Quashing Plea

Datta told the court that the main grievance in the petition was the alleged public parading of his client. Apart from seeking quashing of the proceedings, Molla had challenged the manner in which he was allegedly exposed before the public.

The Bench, however, questioned the maintainability of the plea seeking quashing of the proceedings, observing that the petitioner was already in custody. “If he is already in custody, what remains? Was he paraded publicly?” the court asked. Datta replied in the affirmative and reiterated that his client had indeed been publicly paraded, Live Law reported.

State Denies Allegation

Opposing the plea, the Additional Advocate General disputed the allegation and submitted that the accused had only been taken to the place of occurrence for reconstruction or fixation of the scene of crime.

“What happened was that there was fixation of place of occurrence. People had gathered, but we ensured no untoward incident took place. He is accused in a gang rape case. Even the NIA is investigating him,” the Additional Advocate General submitted.

Datta questioned the State's stand, saying, “Is it their case that the NIA has done this? Then we will implead them as well.”

The Additional Advocate General responded that the National Investigation Agency (NIA) had initially taken custody of the accused. “Initially we did not take him, NIA did,” he submitted.

Matter Adjourned

During the hearing, the court also noted that the relevant penal provisions had not been disclosed in the report placed before it. “Sections are not stated in the report,” the court observed.

Datta further argued that the principal suspect named in the FIR had not yet been arrested and urged the court to consider the contents of the FIR.

The Bench, however, expressed reservations about the relief sought, observing, “Facts are very ugly. Why pray for quashing?”

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The oral observations by the court put the spotlight on the manner in which accused persons are handled during investigations, even as it continued to examine the specific allegations raised by Molla. The matter has now been adjourned for hearing at a later date.

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