A division bench of Calcutta High Court on Friday approved a proposed rally “towards Nabanna” on August 27, called by Chhatra Samaj that claims to be a non-political platform, to protest the rape and murder at RG Kar Medical College and Hospital.

Giving the platform approval for the rally, the division bench of Justice Harish Tandon and Justice Hiranmay Bhattacharya said: “The apex court of the country has observed that each and every citizen has the right to organise peaceful rallies. So the court cannot prevent anybody from holding the rally.”

The Supreme Court on Thursday, while nudging the striking doctors to resume work for the patients’ sake, clarified that it had not restrained the state governments from taking lawful action against protesters, while adding that no coercive action could be taken against them as long as the protests are peaceful.

“In view of the order of the Apex Court, we do not think that any prohibitory order as sought for can be granted in favour of the petitioner,” the division bench said in its written order, which was uploaded on the court’s website in the evening.

Debanjan Bandyopadhyay, the petitioner, had filed a public interest litigation in the high court seeking an order restraining the Chhatra Samaj from holding the rally, which the organisers said will start from College Street and Santragachhi in Howrah.

The state government supported Bandyopadhyay’s petition.

Appearing for the petitioner, advocate Jaydeep Kar said: “It can be presumed that normal lives in both Calcutta and Howrah will be disturbed if the rally is allowed.”

“There is a possibility of a traffic jam on the second Hooghly bridge. Any jam on the bridge may paralyse traffic movement in both cities,” the advocate said while presenting the petition before the division bench on Friday.

Appearing for the state, advocate general Kishore Datta said: “Actually, police also do not have any idea about the organisers of the rally. Through a social media post, the public in general have been requested to join the rally. Who will be held responsible if the peace is hampered because of the rally?”

The lawyer who appeared for Chhatra Samaj, Pulakesh Pandey, said: “We welcome the order and we willhold a peaceful march on August 27. The march willstart from two places — College Street and Santragachhi in Howrah. Anyone cantake part in the march. Our platform does not haveany association with any political party. We are only concerned about ensuring justice for the doctor who was murdered.”

After hearing all sides, the division bench disposed of the PIL and asked the police to allow the rally and to keep vigil.

“The documents annexed to the Public InterestLitigation widely circulated in the social media plat-form, viz. Facebook, X, Instagram, WhatsApp, YouTube etc., would reveal that in the wake of the justice to be imparted to the said girl, request was made to one member of each family to move towards ‘Nabanna’ at 2 p.m. on 27.08.2024.... It is expressly indicated in the aforesaid post that such protest shall be peaceful and no violence would be committed and the police may stand by the side of the protestersduring the entire march to ‘Nabanna’,” the court order says.

Many believe the saffron camp is encouraging the march with the BJP seekingto appropriate the protests over the RG Kar rape andmurder.