The Calcutta High Court on Thursday set aside the notification issued by the Trinamool Congress government in West Bengal on December 15 and gave permission for the 'rath yatras' proposed by the State BJP.
The court observed that the threat to public order “must be real, not imaginary or a likely possibility” for denying permission to a political rally.
Justice Tapabrata Chakraborty allowed the BJP to organise three rallies under conditions such as it will inform the Superintendent of Police of the corned district 12 hours before the entry of the yatra in the district. The other conditions put up by the High Court for the yatra include abiding by traffic regulations, keeping ecological impacts in mind, following every just direction given the State administration. While directing the police to deploy adequate security to ensure that there is no breach of law and order. Justice Chakraborty said that the BJP will be vicariously liable for loss of lives or property.
While delivering the order, the Court referred to arguments put forward by the State government about intelligence inputs from Cooch Behar, which suggested about a communal flare up in event of allowing the yatra. Justice Chakraborty said "the BJP made petition before the State administration on October 29, 2018 and no intelligence inputs were called for after the first representation to the State government."
The Court observed that it was surprising that when the writ petition on the issue came before the Court for hearing on December 6, letters pertaining to one particular district was brought up before the Court. The Court also added that no reason was given by the State on why letters of the BJP seeking permission for the yatras were not responded and only one criminal case was lodged in the Cooch Behar district on account of the disturbances.
Referring to the State government’s order on December 15, where three senior officials denied permission to the yatras after holding a meeting with BJP leaders on December 15, the Court said that intelligence reports from several districts are made without specifying the districts. Justice Tapabrata Chakraborty said that when the proposed yatras are not for "unlawful purpose it cannot be totally prohibited unless there is eminent threat for breach of peace".
The proposed BJP rath yatra, which was scheduled to flagged off by party president Amit Shah on December 7 is being contested at the Calcutta High Court since the start of the month. After the West Bengal government did not respond to the BJP's request the party approached the High Court. Aggrieved with the order of single bench the BJP approached a division bench, which directed the State government officials and BJP leadership to discuss the matter on December 12, make the State government's stand clear to the BJP by December 15.