Calcutta High Court on Monday issued an order restraining Trinamul Congress leader Abhishek Banerjee from going ahead with the gherao of the residences of BJP leaders in the state on August 5.

The order was pronounced by a division bench headed by Chief Justice T.S. Sivagnanam. "The court cannot allow anyone to call a programme that may hamper the fundamental rights of the people," the Chief Justice said while issuing the order.

"The state administration should have taken immediate action after the call by the leader," Justice Sivagnanam said.

At the July 21 Martyrs’ Day rally in Calcutta, Abhishek had asked Trinamul Congress workers to gherao the houses of booth-level BJP leaders from 10am to 6pm on August 5 to protest against the Centre’s decision to withhold Rs 1.15 lakh crore due to Bengal under multiple schemes.

Sensing possible law and order problems, chief minister Mamata Banerjee played down the announcement by asking Trinamul leaders and workers to organise the protests at least 100 metres away from the houses of BJP leaders not at the booth level, but at the block level.

Following Trinamul's call, leader of the Opposition in the Assembly Suvendu Adhikari lodged FIRs against Mamata and Abhishek. Adhikari also moved the high court seeking a stay on the gherao. The plea by Adhikari came up before the court on Monday.

Appearing for Adhikari, advocate S.S. Patwari said: "We are apprehending a statewide disturbance over the implementation of such a programme. The court should issue a stay on the programme."

The Chief Justice criticised the role of the state government and said: "How can such a programme be allowed by the state? What the state will do if any organisation decides to gherao the high court?"

Abhishek's lawyer Saptangshu Basu tried to convince the court that the political programme would be carried out peacefully. "Party supporters will stage dharnas 100 metres away from the residences of BJP leaders, where ingress and egress will not be disturbed," Basu told the court.

Justice Sivagnanam said: "Even then, such a programme cannot be allowed."

Basu then asked the bench to hear him in detail. The Chief Justice said Basu could submit his arguments through an affidavit.

Shortly after the court's directive, Trinamul leader Tapas Roy announced a slightly changed programme. He said party workers would "remain on the streets for eight hours" on Saturday in every block.