Vikram Chatterjee’s arrest likely to render anticipatory bail plea ineffective

KOLKATA: Vikram Chatterjee’s arrest a little after Thursday midnight came exactly 31 days after he filed an anticipatory bail plea in Calcutta high court. Incidentally, hours before his arrest, on Thursday morning, the HC had fixed a July 13 date to hear the anticipatory bail plea.

Senior criminal lawyer Sekhar Basu on Friday morning mentioned this before the division bench of Justice Dipankar Datta and Justice D P Dey — who were scheduled to hear out the plea on July 13 — and said, “The anticipatory bail plea was filed on June 5. Till Thursday midnight, the police found no reason to arrest him. It is intriguing that only after your Lordships fixed a July 13 date to hear the matter, he was arrested. I suspect the police effort is only aimed to render the antici-patory bail plea listed before the court ineffective and infructuous.” The HC told Basu that it would hear the matter on Tuesday.

Sanjay Basu , the lawyer representing Sonika’s parents, meanwhile said, “Days like today reaffirm the common citizen’s faith in the law of the land, the administration, the police and the overall system. Today's development also emphasizes that the law is equal for all.”

Speaking to TOI, Sekhar Basu said, “On Thursday morning, when I mentioned the matter before the court, the state counsel and the lawyer of the de facto complainant were present in the courtroom. They didn’t oppose when the July 13 date was finalised. The arrest, after the court fixed a date, is highly irregular.”

The legal tribulations for Chatterjee started on May 31, when the actor was slapped with culpable homicide charges. This prompted the actor — along with his counsel Rajdeep Majumdar — to consult Basu. The lawyer mentioned two key points: nothing stopped police from arresting Chatterjee after adding grievous sections and he should move for anticipatory bail plea immediately, and the legal merits of the culpable homicide charges should also be argued in the anticipatory bail plea. Within days the petition was filed in Calcutta high court.

Chatterjee’s plea for bail also weighed the fact that he “cooperated” with police. He has a social standing and would, therefore, not abscond, and he had no clout to tamper with evidence, said the lawyer. Sonika, his plea argued, was a dear friend and it was he who had taken her to hospital.

Chatterjee was initially charged with causing death due to negligence and rash and negligent driving — both of which are bailable. On May 5, an

Alipore

court had also granted him bail on these charges.

However, with Chatterjee’s arrest, the petition is likely to become ineffective.

Chatterjee’s legal strategy, according to Basu, will be to await Tuesday’s outcome. “We would first want to understand the judicial view on the circumstances leading to the arrest,” Basu said. Chatterjee will be produced in Alipore court on Monday where his lawyers will again argue for bail.