The Supreme Court on Tuesday upheld the Bengal government’s decision not to permit the BJP’s proposed yatra in the state, ruling that the court could not say the “apprehensions expressed by the state government are totally unfounded”.

Although the BJP had initially called the political programme rath yatra — originally scheduled for December as chariot journeys from various parts of Bengal converging in Calcutta — the party rechristened it Ganatantra Banchao Yatra (Save Democracy March) after the Bengal government expressed apprehensions about its possible impact on communal harmony.

The BJP appealed in Calcutta High Court and then the Supreme Court after the state government declined permission to the 43-day yatra.

“We cannot say that the apprehensions expressed by the state government are totally unfounded,” a three-judge bench of Chief Justice Ranjan Gogoi and Justices L. Nageswara Rao and Sanjay Kishan Kaul said.

The top court, however, directed the Bengal government to uphold the “spirit” of the constitutional right relating to free speech by considering granting permission for the yatras provided the BJP submits a fresh proposal including details that are satisfactory to the authorities.

The court said the BJP can hold public meetings and rallies since the Bengal government had said it was opposed only to “yatras” and not the other two modes.

The Supreme Court passed the direction while dealing with an appeal filed by the BJP challenging Calcutta High Court’s order upholding the government’s decision not to grant permission for the yatra. Along with its appeal, the BJP had submitted a revised schedule for the yatra by scaling down the duration to 21 days from 43 days.

“It is for the state government to maintain law and order in the state,” the Supreme Court order said, indicating that permission for such a programme would be the state’s prerogative.

“The Rath Yatras… would cover the entire length and breadth of the State and would pass through different areas inhabited by different communities. The extent to which the Rath Yatras have been planned… has led to certain apprehensions in the mind of the government as to the possible effect of the Rath Yatras on the law and order situation in the state.

“Looking into the details of the proposed Rath Yatras and the order of the State Government, dated 14.1.2019, we cannot say that the apprehensions expressed by the State Government are totally unfounded…,” the order said.