No HC relief for JU student; rally ban near Univ withdrawn

Kolkata: The Calcutta High Court on Wednesday refused to intervene in a police probe requiring seizure of the mobile phone of a student activist of Jadavpur University (JU) while the court also withdrew its last direction barring any political rally in the vicinity of the university.

The bench of Justice Tirthankar Ghosh on Wednesday said the court won’t be interfering into the matter at this stage of police procedure but directed the state to ensure that the mobile phone is given back to the student once the police is done with the cloning of the same as part of their investigation. The student’s counsel argued that a mobile phone is a vital asset for the student since it contains WhatsApp groups where content related to his academic course is shared. Seizure of it can affect his studies. Further, it was argued that seizure of the cell phone is a violation of privacy of the petitioner and infringement of Article 20(3) which protects an accused against self-incrimination.

However, the court said there are limitations of such rights when it comes to criminal cases.

In this case, the petitioner is an FIR-named accused. Hence, the police have the authority to do what it needs to in accordance with law. The petition alleged that the student had appeared before the police and complied with the interrogation process. However, despite no prior direction police sought to seize his mobile phone.

Upon his refusal in the absence of a court order, the police alleged non-cooperation against him. On March 9, another police notice was issued directing him to appear again with his mobile phone.

Meanwhile, the court has withdrawn the order banning all political rallies in the vicinity of the Jadavpur University. Hence, from now onwards the state needs to be approached for permission for any rallies in the said area.

The court had earlier directed that no political organizations would be allowed till March 13 around the vicinity of Jadavpur University to conduct any programme without permission of the court.