UPDATE: The State has challenged the single-bench order of the Calcutta High Court, which authorized the Indian Secular Front (ISF) to hold a rally at Victoria House in Esplanade, Kolkata. This appeal is now being considered by a division bench headed by Chief Justice TS Sivagnanam.
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WEST BENGAL: The Calcutta High Court has recently granted permission to the Indian Secular Front (ISF) to organize a rally at the historic Victoria House in Esplanade, Kolkata. Scheduled for an upcoming Sunday, this event is significant as it commemorates the foundation day of the ISF.
Strict Conditions For The Rally:
Justice Jay Sengupta of the Calcutta High Court has meticulously laid out eight stringent conditions for the conduct of this rally. These guidelines include limitations on the event’s duration, a cap on the number of attendees, specified dimensions for the stage, and a restriction on the number of vehicles used for transportation purposes. A crucial aspect of these conditions is the absolute prohibition of inflammatory speech and any form of violence. The ISF is expected to comply fully with these conditions.
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Accountability Mechanism:
In an innovative approach to ensure compliance and responsibility, the court has mandated the ISF to identify four individuals who will be accountable for any untoward incidents during the rally. This measure is a proactive step towards maintaining order and safety during the event.
Historical Significance of Victoria House:
The choice of Victoria House as the venue holds deep historical significance, a point emphasized by Justice Sengupta. He recalled the tragic events of July 21, 1993, when police action at this location resulted in the loss of lives. The site, traditionally linked with Trinamool Congress gatherings, was selected over Ramlila Maidan, despite the Advocate General Kishore Datta’s recommendation for an alternative venue and his request to stay the order.
Court’s Stand on Crowd Control:
The court’s decision to favor a smaller, more manageable crowd at Victoria House over a potentially larger assembly at Ramlila Maidan highlights its dedication to public safety. This ruling balances the need for crowd control with the fundamental right to peaceful assembly, reflecting the court’s commitment to both public security and democratic principles.
The single-bench order has been challenged by the State before a division bench presided over by Chief Justice TS Sivagnanam.
The State has challenged the single-bench order of the Calcutta High Court, which authorized the Indian Secular Front (ISF) to hold a rally at Victoria House in Esplanade, Kolkata. This appeal is now being considered by a division bench headed by Chief Justice TS Sivagnanam.
The initial ruling by Justice Jay Sengupta had permitted the ISF to conduct their foundation day rally under strict conditions, including limitations on the number of participants, event duration, stage size, and vehicular transportation. Additionally, the order emphasized the prohibition of offensive language and violence.
The decision to hold the rally at Victoria House, a location of historical significance and traditionally associated with Trinamool Congress rallies, was a point of contention. This choice was made despite an alternative suggestion by Advocate General Kishore Datta and his subsequent request for a stay on the order.
The State’s decision to challenge the single-bench order brings a new dimension to the case, potentially impacting the ISF’s planned event. The division bench led by Chief Justice Sivagnanam will now deliberate on the matter, taking into consideration the balance between public safety, the right to peaceful assembly, and the historical context of the chosen venue. This development adds a layer of complexity to the issue, highlighting the ongoing negotiation between democratic rights and public order in the judicial process.
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