The recent bail granted to senior journalist Dilwar Hussain Mozumder has stirred discussions on the legalities of arrest procedures and the interpretation of caste-related offenses. First arrested in connection with Panbazar PS Case No-110 of 2025, Mozumder faced charges under Section 351(2) of the Bharatiya Nyaya Sanhita (BNS) and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, the court determined that there were insufficient grounds to keep him in custody.
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Mozumder, 40, was arrested after a complaint from a security personnel at Apex Bank, who alleged that he was subjected to offensive remarks when he asked the accused to vacate the bank entrance. The police moved for five days of custody, citing the need to probe potential accomplices. However, the court found no grounds to suggest any larger conspiracy requiring remand.
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The defense argued that Mozumder's arrest violated Section 35 of the BNS, which mandates procedural safeguards before detention. Furthermore, the defense pointed out that the FIR did not explicitly mention the alleged abusive phrase, weakening the claim of caste-based insult.
The prosecution, on the other hand, pressed for custody, highlighting the gravity of the offense under the SC/ST Act. However, the court noted that the informant's statement lacked specific details incriminating the accused. The judge cited Supreme Court precedents, including Hitesh Verma Vs State of Uttarakhand and Arnesh Kumar Vs State of Bihar, emphasising that procedural compliance in arrests is crucial.
After reviewing the case diary and considering legal precedents, the Additional Chief Judicial Magistrate ruled that Section 351(2) of the BNS—dealing with criminal intimidation—is a bailable offense. As for Section 3(1)(r) of the SC/ST Act, the judge pointed out that the informant did not attribute any direct caste-based slur to Mozumder in his statement. Given the lack of substantial evidence, the court deemed police custody unnecessary and granted bail with conditions ensuring the accused's cooperation in the investigation.
The case raises pertinent questions about the application of the SC/ST (Prevention of Atrocities) Act and due process in arrests. Legal experts suggest that procedural lapses in arresting individuals under special laws could set a precedent for stronger judicial scrutiny in similar cases. While Mozumder's defense celebrated the bail as a victory for procedural fairness, activists stress the need for sensitivity in cases involving marginalised communities.
Mozumder was rearrested in another case soon after being released. The CJM court granted him bail in this case, too on Friday, March 28. He, however, will remain in judicial custody until he executes the bail bond which is likely to happen later on Saturday.
