“Dissemination of different political thoughts and ideologies is welcome in democracy”: Calcutta High Court Allows CPI(M) Durga Puja Book Stall within 100 metres of its party office in Bongaon and tells the police to keep the peace.
Kolkata: Directing the local police to deploy personnel to maintain peace and public order, the Calcutta High Court has permitted the Communist Party of India (Marxist) to put up and run a book stall near its party office on Bongaon Jessore Road in North 24 Parganas during the Durga Puja days, and has asked the Superintendent of Police, Bongaon Police District, to file a compliance report [Communist Party of India (Marxist) and Another v. The State of West Bengal and Others].
Justice Saugata Bhattacharyya passed the order on Thursday, 15 October 2026, and listed the matter for 23 November. Senior Advocate Bikash Ranjan Bhattacharya appeared for the petitioners, and Advocate General Surojit Nath Mitra appeared for the State.
What the order permits
On the puja days, the party may put up and run its book stall within 100 metres of its office without obstruction. Local police are to deploy personnel to maintain peace and public order, and the Superintendent of Police, Bongaon Police District, is to report on compliance when the matter is next heard on 23 November.
The party’s complaint
The CPI(M) told the Court that it had run a book stall at the site for many years during Durga Puja. It alleged that members of the Hindu Jagran Manch stopped it from putting up a temporary bamboo structure and then built their own at the same spot, and it asked the Court to direct the local police to maintain peace and public order. These are the party’s allegations, and the Court has made no finding on them. At an earlier hearing, the Court had told the State not to stifle the voice of other parties and had also floated alternative dates for such political stalls.
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Objections raised for the State
For the State, it was argued that the stall needed approval from the Public Works Department, which the party did not have; that the single judge lacked jurisdiction; that the stall stood on a highway governed by the West Bengal Highways Act, 1964, whose appropriate authority had neither been informed nor made a party; and that the CPI(M)’s own letter to the Sub-Divisional Officer of Bongaon showed that permission was needed for what it called public land. The petitioners replied that other stalls operated in the same area without obstruction and that only the CPI(M) stall was blocked.
The judge’s questions
The judge wanted details of the other stalls and asked why the CPI(M) alone needed permission. A police report sought from the Inspector-in-Charge on 14 October had not been filed, so the State could not confirm whether other stalls existed in the locality. Questioning the State’s stand, the judge asked whether it would not create anarchy.
Dissemination of different political thoughts and ideologies is welcome in democracy.
The Court added that the State should ensure people can voice differing views without fear, an atmosphere that the ruling dispensation is expected to create.
What the order secures
For the festival days, the order lets a political party put its literature before the public at a spot it says it has used for years, with police protection, and the Superintendent of Police must report on compliance when the matter is heard again on 23 November. The Court has made no finding on the party’s allegation of obstruction, which remains its own allegation.
Case Title: Communist Party of India (Marxist) and Another v. The State of West Bengal and Others (case number not available)
Bench: Justice Saugata Bhattacharyya, Calcutta High Court
Date of Order: October 15, 2026
Appearances: Senior Advocate Bikash Ranjan Bhattacharya for the petitioners; Advocate General Surojit Nath Mitra for the State