Making the Bengal government eat a humble pie, the Chief Justice’s Division Bench of the Calcutta High Court dismissed a challenge petition of the state against the order of the Single Bench which allowed a public meeting of the BJP to take place before the Victoria House in Central Calcutta on November 29, the same venue where the Trinamul Congress holds its annual central rally of July 21.
Home minister Amit Shah is likely to address the rally on that day.
In anticipation of the government moving Supreme Court against the order, the BJP has decided to file a caveat in the Apex court to pre-empt an ex-parte hearing, confirmed Jagannath Chattopadhyay, BJP leader and petitioner of the case.
Earlier this week, a Single Bench of Justice Rajasekhar Mantha reprimanded the Calcutta Police for displaying non-application of mind shown through the "auto-generated email rejections" and allowed the rally while observing that in an independent country “anyone has the freedom to go anywhere”. The police had reasoned that the petitioners had not applied within the requisite time according to advisories issued by the state. The government had appealed against that order before the higher bench.
Upholding the Single Bench order, the Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya stated: “The advisory says applications need to be made two to three weeks prior to the programme. Here, the application has been made 23 days prior. The advisory is not a statute. It cannot be taken as a rigid rule, and there is discretion vested with the authorities. Processions, meetings and rallies are regular features of the state of West Bengal and particularly Kolkata… many instances are there where rallies have been held without any permission. There are instances where such rallies paralyse the city's traffic and the police are unable to control the same. In view of this, we are unable to interfere with the single bench’s order. Accordingly, the appeal stands dismissed.”
The saffron party had claimed in its petition that a second application to organise the meeting had also been rejected on the ground that it was not made within the stipulated time frame. The Division Bench maintained that the Single Bench was fully justified in setting aside the rejection.
The court noted that the Single Bench order also made it clear that the permission would be subject to reasonable restrictions. It directed that since 28 terms and conditions have already been set out in the application format on the Calcutta Police website, those will be imposed, and the organisers would have to abide by these.
Appearing on behalf of the state, senior advocate Kishore Dutta pointed out to the public inconveniences which would be caused by the BJP rally which is expected to be attended by over 10,000 persons and the over 200 vehicles which are likely to be parked at the site.
“Please don't give so much importance to this event and make it popular. You doing so will make 10,000 people to one lakh. Do not make this a political issue and popularise this event," the Bench responded.
While the state attempted to suggest alternative venues for the proposed meeting and argued on the legal aspects of the matter, the Bench firmly observed that if such arguments continued then affidavits would have to be called for and that, in turn, could lead to the imposition of a complete ban on rallies in the state. “Out of the four pillars of democracy, the Bengal legislature has been rendered inactive and the executive in the state is run by the rule of rulers and not of the law. Judiciary and the media are our last two resorts and we were forced to move court. The order is a rap in the knuckle of the state government and we hope it has learnt its basic lesson in democracy to honour the rights of not just us, but of all parties in opposition,” Chattopadhyay said.
“Justice prevails,” responded state Leader of Opposition Suvendu Adhikari. “The concerted unholy efforts of Mamata Police under the orders of Pishimoni and Bhaipo to stifle democracy gets snubbed by the Hon'ble Chief Justice of Calcutta High Court. Due to the partial manner in which Mamata Police was acting, The Hon'ble Chief Justice had expressed thoughts to ban rally of TMC (regional) party on 21st July as well,” Adhikari posted on his X handle.
“Mega rally of Bharatiya Janata Party under the auspices of the Hon'ble Home Minister Amit Shah Ji shall be held on 29th November at the same place which TMC feels is their private property as ordered by the Hon'ble High Court at Calcutta. Dharmatala cholo against the misrule of TMC,” Adhikari’s post further read.
“This is a victory for us....Is this Afghanistan or Pakistan that only Mamata Banerjee will hold rallies?” BJP MLA Agnimitra Paul told news agency ANI.
