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Advocate Nabajyoti Dutta reacted to the granting of bail for his client, Sangeeta Dutta, by the Gauhati High Court today. Dutta detailed several procedural irregularities by authorities during her initial arrest, which he stated were central to the court's decision to grant bail.
Sangeeta Dutta had filed a bail application in the Gauhati High Court, which was listed as case number 2805/25 on November 13.
Advocate Dutta highlighted multiple failures in adherence to legal procedures during his client's apprehension:
- Uninformed Arrest: Authorities reportedly did not inform Sangeeta Dutta or her family members about the specific reasons for the arrest at the time of apprehension. According to Section 50A of the Criminal Procedure Code (CrPC), if a family member is arrested, the authorities must inform the accused's family and clearly state the grounds for the arrest.
- Lack of Witnesses: The arrest memo, a mandatory document in such procedures, did not contain the signatures of any witnesses. According to the Criminal Procedure Code (CrPC), there should be attesting witnesses present during the arrest of an accused person.
- Violation of Women's Rights: As a woman, Sangeeta Dutta should not have been arrested at night without explicit permission from a magistrate; this essential step was also reportedly ignored by the arresting officers.
"Since these sections [of the law concerning arrest procedures] were not followed, the Gauhati High Court today granted bail," Advocate Dutta stated, confirming the court recognized the due process violations.