1st BNS case heard in Calcutta HC is on torture video
Times of India | 12 July 2024
KOLKATA: The Calcutta High Court on Thursday heard its first case registered under the Bharatiya Nyaya Sanhita (BNS) that replaced the Indian Penal Code after 162 years on July 1.
Justice Amrita Sinha directed petitioner Prithwiraj Mukherjee to cooperate with the police investigation into a case relating to a video post uploaded on July 9, showing a person being brutally assaulted by alleged associates of a Trinamool Congress strongman inside a club in North 24 Parganas' Ariadaha under Kamarhati Municipality.
"The investigation of the case is yet to begin. Police after conducting a preliminary and detailed inquiry found that the incident happened in 2021. It may not be proper to interfere with the investigation at the moment," Justice Sinha observed.
Justice Sinha, after taking on record that Mukherjee was not an FIR accused and had no complaint against him till date, directed the Belgharia cops not to take any coercive steps against Mukherjee without leave of the court.
Mukherjee was summoned to Belgharia PS following a suo motu complaint by ASI Belgharia Soumen Pal on July 11. Mukherjee moved the court apprehending coercive steps by Belgharia police.
ASI Belgharia in his suo motu plaint said the video was that of an old incident of 2021. State counsel Amitesh Banerjee submitted that petitioner Mukherjee had been served a notice to appear as witness and he ought to comply with it.
Police came across the name of Mukherjee from the cellphone of Subham Mandal, a Birbhum resident, who had allegedly uploaded the video. Counsel for petitioner, Billwadal Bhattacharya, submitted that Rampurhat Police sent a civic volunteer to Mandal's house and asked him to come to the PS at the dead of night. The state counsel submitted that cops had served a notice on Mukherjee as his name had cropped up in private messages by Mandal.