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Calcutta High Court Division Bench stays single judge order allowing BJP ‘rath yatra’

A view of the Calcutta High Court. File

A view of the Calcutta High Court. File   | Photo Credit: SUSHANTA PATRONOBISH

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Following Friday’s order BJP’s Rath Yatra is now postponed indefinitely as the Court will now go a two week’s winter recess.

The BJP’s proposed ''rath yatra'' in West Bengal, allowed on Thursday by a single Bench of the Calcutta High Court, is postponed again, as a Division Bench, comprising Chief Justice Debasish Kargupta and Justice Shampa Sarkar, on Friday asked the single Bench to take a relook at the intelligence reports from all the districts before allowing the proposed ''yatra.''

Trinamool Congress secretary general and senior Minister Partha Chatterjee said the Division Bench issued a stay on the order of the single Bench of Justice Tapabrata Chakravarty. The Division Bench asked [the single Bench] to examine the district intelligence reports, which it had not done, and then to decide on the basis of these reports. The reports outlined the risks of running such a yatra.

Following Friday’s order, the ''rath yatra'' is now postponed as the court will now go on a two-week winter recess.

BJP may move Supreme Court

The State BJP is likely to move the Supreme Court by Saturday against the Division Bench order.

Lawyer Abhisekh Manu Singhvi, representing the State, moved the Division Bench, challenging the single Bench ruling. The government expressed urgency and sought an immediate hearing.

The court granted leave to the government to move an appeal and asked it to serve copies of the appeal to respondent, the BJP.

Single Bench decision

The single Bench presided by Justice Tapabrata Chakraborty on Thursday allowed the BJP’s ‘Rath Yatra’ programme, setting aside the denial of permission for the yatra by a panel of three senior most officers of the state government.

On December 6, a single judge bench of the HC had refused permission to the BJP to hold the ‘Rath Yatra’, which was scheduled to be flagged off by BJP chief Amit Shah from Cooch Behar in North Bengal on December 7. The party had then approached the division bench.

The Division Bench had on December 7 asked the State chief secretary, the home secretary and the director general of police to hold a meeting with three representatives of the BJP and take a decision on the ‘yatra’ by December 14.

(With inputs from PTI)

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