The legal battle between the Mamata Banerjee government and the BJP over the November 29 rally to be led by Union home minister Amit Shah in Esplanade was escalated to a division bench of Calcutta High Court on Wednesday.

A day after Justice Rajasekhar Mantha of the high court verbally told the state government to allow the BJP to have its rally at the venue it wants, with the imposition of necessary guidelines, the state moved the division bench comprising Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya. The bench fixed the state’s appeal for hearing on November 28, the day before Shah’s proposed rally, which the state government sought.

After moving the division bench, the state government also moved the court of Justice Jay Sengupta, alleging Justice Mantha had given only 10 minutes for the state to clarify its stand.

“Justice Mantha had heard the case only for 10 minutes, after the state was served the copy of the case moved by the BJP. The judge did not give enough time to the state lawyer for preparing the case,” the lawyer appearing for the state alleged before Justice Sengupta.

The lawyer appearing for the BJP claimed that the state government was unnecessarily harassing the saffron party. He said the state proposed November 28 for the next date of hearing before the division bench, only a day before the rally.

At this, when Justice Sengupta asked the state lawyer why a hearing was proposed so long after moving the appeal, the reply of the lawyer could not satisfy the court. The judge asked the state to formally issue a clarification by 3pm on Thursday.

The BJP plans to kick off its Bengal campaign for the general election with the November 29 rally, where Shah is expected to address at least one lakh people.

The core themes of Shah's rally are likely to be alleged corruption under the Trinamul regime in Bengal to counter Mamata’s narrative accusing the BJP-led Centre of depriving Bengal’s poor masses by freezing due funds.

The BJP plans to organise a dozen of these “mega” rallies — like the one planned for November 29 — in Bengal, and 42 “semi-mega” rallies for each Lok Sabha seat here.

Four of the 12 “mega” rallies will be addressed by Prime Minister Narendra Modi, Shah and BJP national president J.P. Nadda.

Last week, the BJP moved high court, alleging Calcutta Police were withholding permission even after the party sought it to hold its rally at Esplanade on November 29.

The case came up for hearing on Monday, when the state lawyer had said that the police had not turned down the BJP’s prayer yet.

“The government has not said it would not give permission. But certain guidelines have to be followed to hold a gathering in a sensitive area like Esplanade,” he had said.

Then, Justice Mantha verbally told the state to allow the BJP to hold its event after imposing guidelines.

The BJP’s November 29 rally assumes significance, as ruling Trinamul’s pre-Puja attempts to pitch its narrative of Bengal's deprivation by the Modi government met with some success.

Mamata, in her Netaji Indoor Stadium meeting with her party’s rank and file on Thursday, is likely to announce plans to better implement her plans for the campaign against the Centre’s alleged stepmotherly treatment of Bengal.

CPM cries foul

CPM state secretary Md Salim on Wednesday alleged that permission for his party’s youth wing DYFI’s rally at the Brigade Parade Ground scheduled for January 7, was withheld by the army at the Mamata Banerjee government’s behest. Yet, permission for a Sangh Parivar event at the same venue on December 24 was "readily given", "with the aim of disrupting Christmas Eve festivities".

Trinamul state general-secretary Kunal Ghosh said the army does not report to the state government.