The CPI(M) book stall near Bongaon is off for the remaining Durga Puja days: the Calcutta High Court has stayed the order that allowed it, on the State’s appeal.
Kolkata: On an appeal by the State, a Division Bench of the Calcutta High Court has stayed a single judge order that allowed the Communist Party of India (Marxist) to put up a temporary book stall near its party office on Bongaon Jessore Road for the remaining Durga Puja days [State of West Bengal and Others v. Communist Party of India (Marxist) and Another].
Chief Justice Ravindra Vithalrao Ghuge and Justice Shabbar Rashidi passed the order on Friday, 16 October 2026, and listed the matter for 21 January 2027. Advocate Shamim Ahammed appeared for the CPI(M), and Additional Advocate General Billwadal Bhattacharyya appeared for the State.
The stay, and a direction on the rival stall
The Division Bench suspended the single judge order for the remaining puja days, which means that under the interim order the book stall cannot function in that period. The Court also took note that the Hindu Jagran Manch had put up its own stall at the same spot, and asked the State to check whether that stall had approval and to act if it was found in violation.
What each side put before the Bench
For the CPI(M), it was contended that the party was being obstructed while other stalls in the same locality were not, and that disseminating knowledge through books is a fundamental duty. For the State, it was contended that the party was encroaching on public land, had suppressed documents before the single judge, and that the police must act to prevent public nuisance. These are the parties’ submissions, and the Court has not decided the underlying dispute.
During the hearing, the Chief Justice orally asked whether there could be any justification for the obstruction.
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The order the State challenged
The CPI(M) had moved the High Court after it was not permitted to set up its Durga Puja book stall. At an earlier hearing, the Court told the State not to stifle the voice of other parties and floated alternative dates for such political stalls.
On Thursday, 15 October 2026, Justice Saugata Bhattacharyya allowed the party to run the stall within 100 metres of its Bongaon office, directed the police to maintain peace and public order, and asked the Superintendent of Police, Bongaon Police District, to file a compliance report. The party had alleged that members of the Hindu Jagran Manch stopped it from putting up its structure and built their own at the same spot. These are the party’s allegations, and no finding has been recorded on them.
An interim order, with the appeal still to be heard
For the festival days, the stay undoes the interim protection that the single judge had given to the party. The Division Bench has not ruled on the State’s objections about public land, permissions and suppression, nor on the party’s complaint of selective obstruction; the appeal will be heard again on 21 January 2027. The direction to the State to examine the approval status of the rival stall keeps the question of equal treatment of stalls in the same locality alive.
Case Title: State of West Bengal and Others v. Communist Party of India (Marxist) and Another (appeal against order of 15 October 2026; appeal number not available)
Bench: Chief Justice Ravindra Vithalrao Ghuge and Justice Shabbar Rashidi, Calcutta High Court
Date of Order: October 16, 2026
Appearances: Advocate Shamim Ahammed for the CPI(M); Additional Advocate General Billwadal Bhattacharyya for the State