Bail plea rejected, CD called for; Pradip Dutta Roy referred to SMCH for a week

Dec. 3: In a significant move, the bail plea for Pradip Dutta Roy, Chief Convener of Barak Democratic Front was moved on 3 December in the court of the District & Sessions Judge on medical grounds. After hearing the lawyers who pleaded in favour of Dutta Roy, the judge called for the case diary (CD) which is to be submitted by the police. It is only after that the bail plea will be heard by the court. Meanwhile, the judge on medical grounds allowed Pradip Dutta Roy to be transferred to Silchar Medical College & Hospital (SMCH). The court fixed 10 December as the next date for hearing.

Cachar Police on 27 November evening arrested Pradip Dutta Roy, Chief Convener of Barak Democratic Front (BDF). Earlier, Mr Dutta Roy was called in by the cops and was interrogated for long hours. His arrest is based on a FIR lodged by Hindu Yuva Parishad at Silchar Sadar Police Station. He was booked under section 153A, 295, 295A, 120B, 124, 505, 506 of IPC. Meanwhile, another case was registered against Pradip Dutta Roy by Ananda Medhi, in-charge of Tarapur Town Outpost. under section 326/307/353/ 427/395/ 511 of IPC wherein it was alleged that Mr Dutta Roy misbehaved with journalists, physically assaulted one of them & also tried to snatch away mobile phones from them on 27 Nov at the office of Deputy SP (HQ).

During the proceedings on 3 December, Advocate Soumen Choudhury refuted the allegations made against his client Mr Pradip Dutta Roy by in-charge of Tarapur Town Outpost. The District & Sessions Judge in his judgement stated, “I have heard learned counsel Mr. Souman Choudhury who appeared on behalf of the petitioner stating that there is no such Incident took place Inside the police station as alleged in the FIR. The allegations, he said, is absolutely false because the sections those are imposed upon the accused person are deliberate, in as much as, there is no Ingredient of Section 326, 307 and 392 IPC against the accused person at all if ejahar is read out with application of mind.”

“Mr. Souman Choudhury, learned counsel has made specific submission that Mr. Pradip Dutta Roy (accused) Is a patient who had undergone a serious liver transplantation in the year of 2016 at Medicity Medanta Hospital and, thereafter, his health condition is required to be regularly monitored. It is submitted that he requires specific diet and also needs separate toilet. Since he is not fully recovered from his disease, he needs seclusion from others and also requires special attention by doctors at frequent intervals. He is aged about 65 years and because of his ailments he could not move freely, in as much as, he is susceptible to other disease.
On perusal of the documents, it appears that those journalists who were assembled in the police station for reporting clearly mentioned in a letter to the president Silchar Press Club that they were not at all assaulted at the hands of Pradip Dutta Roy,” mentioned the judge.

The District & Sessions Judge further wrote, “I have obtained the view of learned PP Mr. R. M. Das who has submitted that CD Is required to be called for prior to consideration of bail but keeping in view of the health issue of the accused; he has submitted that the accused needs separate medical attention in a hospital by a team of doctors because of his serious ailments. I have called the Jail Superintendent as well as Jail doctor who immediately turned up before this Court. On being asked the Jail Superintendent and Jail doctor clearly stated that the accused Pradip Dutta Roy had undergone liver transplantation and he is susceptible to other disease.”

As there is no separate cabin and separate toilet in the jail hospital, Mr Pradip Dutta Roy was ordered to be sent to SMCH on health grounds. The judgement stated, “After considering the entire circumstances and also hearing all the parties, this Court Justifiably feels that the accused requires special attention of doctors for at least few days…. Accordingly the accused is forwarded to Silchar Medical College for one week for special attention by a team of doctors of Silchar Medical College. The Medical Superintendent of Silchar Medical College shall keep him in a separate cabin with separate toilet and constantly observe his health condition and send a report to this Court with regard to his health condition on or before the next date.”

In the meantime, police was directed to submit case diary along with latest medical report from doctors with regard to the condition of the accused on the next date positively (10 December, 2021).

Also Read: BDF chief Pradip Dutta Roy arrested for allegedly opposing ‘Assamese hoardings’ in Silchar