High Court questioned how the lower court ordered police custody. (Representational)
In a blow to the West Bengal government, the Calcutta High Court on Friday ordered the release of a woman BJP leader from Sandeshkhali, Mampi Das who was arrested after a sting operation video went viral in which a BJP leader stated that the women's protest was plotted and orchestrated by the BJP and Das played a key role in it.
While raising questions on the justification for the arrest, the single-judge Bench of Justice Jay Sengupta also questioned who was behind the police action.
Justice Sengupta ordered that Das be released on a personal bond and put a stay on Section 195A (punishment for threatening to give false evidence) of the Indian Penal Code imposed on her.
The next hearing on the matter will be on June 19.
He also observed how Ms Das was arrested. Stating that there were clear directions of the Supreme Court on the use of Section 195A, a non-bailable offence, he observed that if not the Calcutta High Court, the state government and police should at least go by the directions of the Supreme Court.
He also questioned the order of the Judicial Magistrate who ordered the arrest of Das in the matter. "Who is the Investigating Officer in this case and who is the mastermind?" he questioned.
He also questioned how the lower court ordered police custody for Das without examining the Case Diary.
The BJP's state spokesman Samik Bhattacharya said, "Since the beginning, we had been saying that Mampi's arrest was a part of a bigger conspiracy."
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