Who will bell the cat?

On the onset, we condemn the act of Debasish Acharya slapping Abhishek Banerjee.

Action has been the essence of politics in West Bengal since late 60’s, be it United Front or Indian National Congress or Left Front or Trinamool Congress, none can deny that fact. There have been many more violent incidents in Bengal politics earlier but this was first of its kind. Debasish Acharya,a twenty-five year old engineering student slapped Mamata Banerjee’s nephew Abhishek Banerjee during a rally at Chandipur, East Midnapore. The incident was immediately aired by electronic media, many were surprised, what happened next, shocked everyone, 25 to 30 men beat up Acharya with stick and bamboo. Beaten mercilessly, Achayra succumbed with severe head injury. Mr Amiya Kanti Bhattacharjee, TMC MLA of Chandipur tried to save Acharya, in turn he was attacked by his own party members and badly beaten. The Journalists who were covering the bashing of Acharya were also beaten, 4 got injured and one of them was hospitalised. Police tried to take control of the situation which resulted in brick batting by Trinamool supporters, 10 policemen were injured including Raj Mukherjee, SDPO Contai; Sudharanjan Sarkar, IC Nandakumar; Kalyan Ghosh, OC Chandipur. The mob attacked the Chandipur police station; policemen locked the Police Station and took shelter in neighbouring houses! Acharya was admitted to Tamluk District Hopital and later shifted to a Government Hospital at Kolkata.

Police charged Acharya under section 307, 506, 447, 323 and 120B of IPC. Let us understand these sections in brief.

Section 307 in The Indian Penal Code. Attempt to murder.—Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to 1[imprisonment for life], or to such punishment as is hereinbefore mentioned. Attempts by life convicts.—2[When any person offending under this section is under sentence of 1[imprisonment for life], he may, if hurt is caused, be punished with death.]

Illustrations

(a) A shoots at Z with intention to kill him, under such circum­stances that, if death ensued. A would be guilty of murder. A is liable to punishment under this section.

(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue.

(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of 3[the first paragraph of] this section.

(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A place the food on Z’s table or delivers it to Z’s servant to place it on Z’s table. A has committed the offence defined in this section.

Section 506 in The Indian Penal Code. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprison­ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison­ment of either description for a term which may extend to seven years, or with fine, or with both.

Section 447 in The Indian Penal Code. Punishment for criminal trespass.—whoever commits criminal trespass shall be punished with imprisonment of either descrip­tion for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.

Section 323 in The Indian Penal Code. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Section 120B in The Indian Penal Code. Punishment of criminal conspiracy –

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]

But those 25 – 30 men, who beat up the youth haven’t been identified or arrested yet, and their charge will be culpable homicide under section 308 of IPC!! What about beating own MLA? Is it same-sidegoal? No Charge? What about injuring SDPO, IC and OC? Is it not physically preventing a police officer from doing his duty?

Section 308 in The Indian Penal Code. Attempt to commit culpable homicide.—Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Illustration A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has com­mitted the offence defined in this section.

Earlier in Trinamool Congress Raj in West Bengal, Prof. Ambikesh Mahapatra was charged under section 66A of the Information and Technology Act, 2000 and sections 500, 509 and 114 of IPC, for forwarding Mamata Banerjee’s cartoon by email! In another incident, a farmer asked CM Mamata Banerjee, “What are you doing for farmers? Farmers are dying because they have no money. Empty promises are not enough.” The farmer, Shiladitya Chowdhury was charged with ‘criminal intimidation and physical preventing a police officer from doing his duty’! This charge against Debasish Acharya is a sequel to earlier events of Prof Mahapatra and farmer Shiladitya.

Who will bell the cat? Who will ask Mamata Banerjee what was the charge against her when she jumped and danced on bonnet of Jai Parakash Narayan’s car? What was the charge against her when she ransacked Bidhan Sabha?