New Delhi: The Supreme Court on Tuesday said the BJP’s rath yatra could not be held in West Bengal unless the party could satisfy the state government on apprehensions concerning law and order issues in the state. The court held that a final decision on holding rath yatra would be taken after the state government’s consideration of a revised proposal and if the same was found to be satisfactory under Article 19 of the Constitution.
Accordingly, the party will have to submit a revised proposal for its requirement to hold the rath yatra. This would be considered by the state keeping in mind the constitutionally guaranteed right to hold a peaceful procession. The court, however, allowed the BJP state unit to conduct meetings and rallies for now.
A bench headed by Chief Justice Ranjana Gogoi observed that states’ apprehensions could not be said to be totally unfounded as it was its right to maintain law and order in the state.
Bharatiya Janata Pary’s (BJP’s) West Bengal unit approached the court seeking permission to hold the campaign ‘Save Democracy Rally’, which would cover 42 Parliamentary constituencies in the state of West Bengal ahead of the 2019 general elections.
The party, which sought an urgent hearing, was slated to hold three rath yatras in the state last month, but was refused permission by the state government for the same. It was contended that their fundamental right to hold a peaceful yatra could not be withheld and they should be allowed to exercise such right.
On 21 December, a division bench of the Calcutta High Court had set aside the order of a single judge allowing the rath yatra in the state. The BJP’s unit in West Bengal, thereafter, approached the Supreme Court against this order.