Calcutta: The high court on Thursday asked Balurghat police not to file a chargesheet against two residents who had been arrested over their Facebook posts without its approval, but gave permission to continue with the probe against the duo.

Debajit Roy and Anupam Tarafdar, a businessman and a bank employee, respectively, were arrested on October 21. They had mentioned in Facebook posts the inconveniences they had faced because of traffic restrictions by the police in Balurghat during the puja days.

Justice Debangshu Basak issued the interim order on a petition by the duo challenging the legality of the case. "Chargesheet cannot be filed against them without the approval of this court. However, the investigators will have liberty to continue its probe against the petitioners," Justice Basak said.

The judge asked the police to file an affidavit clarifying the provisions that had prompted them to arrest the duo and start the investigation.

Roy and Tarafdar had secured bail from a subordinate court two days after their arrests.

Moving the petitions in the high court on behalf of the two on Thursday, senior advocate Bikash Ranjan Bhattacaharyya said: "Every citizen of the country has the fundamental right to express his view. The duo had criticised the police role on traffic management during Durga puja. The police have no right to arrest and heckle them. My clients want the responsible cops to be identified and penal action taken against them in accordance with the provision of law."

Government lawyer Amitesh Banerjee opposed Banerjee and said: "The court should not prevent police from continuing its investigation against the petitioners."