The Calcutta High Court has upheld the decision to allow the Bharatiya Janata Party (BJP) to conduct its rally in Kolkata on November 29, featuring Union Home Minister Amit Shah as the main speaker. This decision came after a division bench, led by Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya, dismissed an appeal by the West Bengal government challenging an earlier single-bench order.
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The single bench, presided over by Justice Rajasekhar Mantha, had initially permitted the rally, taking exception to the “computerized rejections” by the Kolkata police, which cited non-compliance with the advisory requiring applications to be made within a specific timeframe. The division bench noted,
“The advisory says applications need to be made 2/3 weeks prior to the program. 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.”
Senior Advocate Kishore Datta, representing the state, argued that Victoria House was not a designated place for rallies and suggested alternative locations. However, the bench countered,
“The advisory allows for discretion. You are unnecessarily doing it. We’ll do one thing, we’ll ban all programs. No rallies, no blockage of roads, everyone is treated equally.”
The court’s decision was influenced by the regular occurrence of rallies and meetings in Kolkata, often without permission, and the challenges faced by the police in managing such events. The bench remarked,
“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.”
BJP’s lawyer, Lokenath Chatterjee, highlighted the court’s critical observations on the police’s objections, stating,
“The chief justice observed that the July 21 rally held every year by Trinamool Congress at the same location should also be stopped on the same grounds.”
With the 2024 Lok Sabha polls in sight, the Bengal BJP leadership is gearing up for the rally, with state BJP chief spokesperson Samik Bhattacharya confirming Shah’s participation. The ruling Trinamool Congress (TMC) did not comment on the court order but warned of police action if BJP workers create law and order problems.
The Calcutta High Court’s decision marks a significant moment in the ongoing political tussle in West Bengal, setting the stage for the BJP’s major rally in Kolkata.
