The Court inquired about the impact of the rally on the Ram Mandir inauguration, while directing the State to maintain peace and order during the rally in West Bengal.
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WEST BENGAL: The Calcutta High Court dismissed a plea by BJP leader Suvendu Adhikari to halt the Trinamool Congress’s (TMC) religious harmony rally, scheduled to coincide with the Ram Mandir inauguration day. The court’s decision was underpinned by the assurance from the State that the rally would not lead to any disturbances.
Chief Justice Sivagnanam, during the hearing, emphasized the importance of maintaining peace and avoiding hate speech. He noted,
“We can ask the State to provide adequate safeguards, no hate speech, etc. Rallies are not new in West Bengal.”
This statement reflects the court’s approach to balancing the right to conduct rallies with the need to ensure public order and harmony.
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The Advocate General, representing the State, assured the court that there was minimal risk of clashes. He informed,
“At least 35 applications, we have received for such functions from 12 noon to 12:45, which is only 45 mins. This will happen only in Kolkata. As far as the Sampriti Rally is concerned, it will start by 3 pm. There is hardly any scope for any clash.”
This assurance played a crucial role in the court’s decision-making process.
Chief Justice Sivagnanam also raised concerns about the rallies being conducted in congested areas, emphasizing the need to avoid any form of hate speech or incitement. He remarked,
“The only main issue is the ‘sentiments of people’ must not be hurt. There are several orders of this Court and even the Supreme Court. The question of hate speech, triggering something, which may incite some kind of anger in people that may have a cascading effect. If that can be avoided, then there isn’t any issue.”
Addressing concerns that public inconvenience may be caused by the rally’s conduct on a working day, the Court proceeded to order:
“It is the duty of the State and also the political party (TMC) to ensure that the common public is not affected on account of this rally or else it will lead to resentment in the minds of the public, who will be traveling on that day since it is a working day. Since instructions are given to district leaders of the party at all blocks, this may cause immense hardship to the public in the State. As of now, it appears no permission as such is granted to conduct rallies block-wise. Therefore, if any person is desirous to carry out such rally they will have to seek prior permission.”
This ruling from the Calcutta High Court highlights the judiciary’s role in ensuring that public events like rallies do not disrupt social harmony or lead to unrest, especially on significant days like the Ram Mandir inauguration. The court’s emphasis on preventing hate speech and maintaining public order reflects its commitment to upholding the law while respecting the rights of political parties to organize peaceful rallies.
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