The High Court, however, did not quash the FIR as sought by Roy.
While hearing the petition, Justice Shampa Dutta Pal expressed concern over his arrest and ordered an interim stay in the criminal proceedings till December 4 or until further order, whichever is earlier.
Dr Tapabrata Roy, the medical emergency officer at the Kolkata Municipal Corporation (KMC), was on duty on Red Road in Kolkata during the state government’s Durga Puja carnival. He was arrested on October 15 and released soon after.
Roy was seen sporting a T-shirt with words like “spine is not for sale” and a badge with the words ‘pratiki anashankari’ (observer of hunger strike) — both referring to the doctors’ protests and hunger strike in the aftermath of the rape and murder of a junior doctor at the RG Kar Medical College and Hospital in August.
“We have full faith in the High Court. I believe that justice will prevail,” said Adhish Basu, a member of Roy’s legal team.
“We believe that Kolkata Police action not only infringed upon my client’s (Roy’s) fundamental right to personal liberty and freedom of speech and expression, but also infringed upon his fundamental right and duty to render medical aid to any citizen during the said carnival,” Basu added.
Meanwhile, Justice Paul directed that the matter be placed before the regular bench after reopening of the court following the Puja vacation. She also directed the state to produce the case diary on the next date of hearing.
Speaking to The Indian Express earlier, Roy said that he was kept for over three hours inside the police station and was not told the reason for his arrest. “Before I signed the bail bond, I kept asking what my fault was… Officials said they didn’t know the reason,” Roy had said.
— With PTI Inputs