Garga Chatterjee arrest reflects rising crackdown on political speech: PUCL

By A Representative 

The People’s Union for Civil Liberties (PUCL) has strongly condemned the arrest of activist and public intellectual Garga Chatterjee, calling it a dangerous instance of the “criminalisation of political speech” and warning that such actions threaten constitutional democracy.

In a statement, PUCL said Chatterjee was arrested by the Cyber Crime Cell of the Kolkata Police on May 12 over allegations linked to his social media posts concerning the functioning of Electronic Voting Machines (EVMs) during the recent Assembly election period.

According to the civil liberties organisation, Chatterjee was produced before the Bankshall Court in Kolkata on May 13 and remanded to four days of police custody. The arrest reportedly followed a complaint lodged by Election Commission authorities alleging that his social media posts had created “misconceptions” and “confusion” regarding EVMs.

PUCL clarified that its statement was not intended to assess the accuracy or otherwise of the allegations against Chatterjee, but rather to address what it described as the larger constitutional implications of using criminal law and custodial interrogation against political speech relating to electoral matters.

Describing the arrest as “a deeply disturbing escalation in the criminalisation of political speech and democratic dissent,” the organisation said criticism of electoral mechanisms, including EVMs, falls within the ambit of free speech protections guaranteed under Article 19(1)(a) of the Constitution.

“In a republic governed by the Constitution, citizens are not required to seek prior approval from the State before questioning institutions of power,” the statement said. It added that courts have consistently upheld the right to critique, dissent, and express unpopular opinions so long as there is no direct incitement to violence or imminent public disorder.

PUCL argued that allegations such as “creating misconceptions” or “spreading confusion” are vague and constitutionally untenable grounds for arrest. “Democracies cannot criminalise speech merely because it embarrasses authorities, unsettles institutions, or generates political debate,” the organisation said.

The organisation also questioned the necessity of police custody in a case involving online expression, arguing that custodial interrogation in such circumstances raises concerns over proportionality and possible misuse of police powers.

PUCL further expressed concern over what it termed a growing nationwide pattern of using expansive criminal law provisions against activists, journalists, trade unionists, academics, lawyers and political critics. Such actions, it said, undermine constitutional morality and weaken public confidence in democratic institutions.

Reiterating that “the freedom to dissent is not a threat to democracy, it is democracy itself,” PUCL demanded the immediate release of Garga Chatterjee and the withdrawal of all coercive measures against him.

The statement was issued by PUCL President Kavita Srivastava and General Secretary V. Suresh.