The Calcutta High Court has kept pending a writ petition filed by Trinamool Congress (TMC) worker Subhankar Maity, who alleged that he was picked up by the police from his residence around midnight and detained for nearly 16 hours before being released.

The matter was heard by Justice Saugata Bhattacharyya.

Appearing for petitioner, Serior Advocate Rebecca M John submitted that the petitioner was picked up around 12:30 AM on the intervening night of July 20-21 and kept at the police station until around 4 PM the next day. She alleged that signatures were obtained on arrest-related documents, including an undated arrest memo and personal bond.

The State, through the Additional Advocate General, submitted that the petitioner had been taken into custody as a preventive measure to avert an imminent breach of peace. It was also submitted that Maity was acquainted with Shantanu Mondal, against whom several criminal cases are pending.

Opposing the State’s justification, John argued that mere acquaintance with an accused person cannot justify detention. “Acquaintance is not a criminal offence.” She further submitted that even if the police apprehended a possibility of breach of peace, arrest was not necessary and the petitioner could have been asked to execute a bond. She also questioned the alleged midnight pick-up and the explanation subsequently offered by the police after the writ petition was filed.

As the investigation is still continuing, the High Court did not close the proceedings and kept the writ petition pending. The petitioner was permitted to respond to the report filed by the State.