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Regular-article-logo Tuesday, 29 April 2025

Prosecution to defence

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OUR CORRESPONDENT Published 30.09.14, 12:00 AM

Suri, Sept. 29: A public prosecutor today defended a Trinamul leader accused of assaulting a police officer inside a Birbhum police station, describing him as “nice”, but the court rejected his anticipatory bail plea.

Sudipta Ghosh, the Trinamul Youth president in Birbhum, and four of his associates had on September 3 allegedly slapped a sub-inspector repeatedly inside Bolpur police station demanding that a local drug peddler running liquor dens be arrested immediately.

The five had appealed for anticipatory bail in a Birbhum court. The officiating district judge, Subhashis Ghosal, today rejected the plea.

When the case came up for hearing today in the district judge’s court in Suri, public prosecutor Ranjit Ganguly not only did not oppose the bail plea, he also defended the accused, inviting criticism from high court lawyers The Telegraph spoke to.

When defence lawyer and Trinamul vice-president Malay Mukherjee appealed for an anticipatory bail for the five accused, public prosecutor Ganguly interrupted.

He said: “They are all nice people. They are not rowdies but are established in society. They had protested the sale of illicit liquor in their locality. I can say for sure that they will not flee.”

Judge Ghosal replied: “From what I have understood seeing the case diary, I am unable to grant anticipatory bail.”

Ganguly again stood up and said: “Sir, the accused are ready to go and meet the officers at the local (Bolpur) police station.”

But the judge rejected the plea, saying he had already passed the order.

Asked by journalists outside the court why he defended the accused, the public prosecutor said: “It is not that the public prosecutor is there to always oppose any petition by an accused. The public prosecutor’s duty is to highlight the truth. The residents of Suripara (Bolpur) had written to me that Sudipta Ghosh and his followers had gone there on September 3 to protest the sale of illicit liquor. I pointed this out in court. The court can always reject a bail petition.”

Told about Ganguly’s move to defend an accused, high court lawyers expressed surprise.

Jayanta Narayan Chatterjee, a criminal lawyer in Calcutta High Court, said: “This is quite surprising. A public prosecutor represents the state and is not supposed to speak for the accused. He should oppose a bail prayer if he has sufficient ground or, at best, keep quiet. But why should he speak in favour of an accused?”

Another high court lawyer, Rabishankar Chatterjee, couldn’t recollect a public prosecutor defending an accused in his 20-year career.

“I don’t remember a lawyer representing the government in a criminal case openly defending an accused,” he said.

Several advocates and assistant public prosecutors in Birbhum echoed the high court lawyers.

The petition for the anticipatory bail had come up for hearing on September 22 but it could not be heard as the police delayed in filing the case diary.

Ghosh’s lawyer Malay Mukherjee did not clarify if he would move a higher court.

Advocates in Suri said Ghosh and his aides could apply for anticipatory bail in Calcutta High Court.

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