Seek central forces for Hanuman Jayanti: HC to West Bengal government

KOLKATA: The Calcutta High Court on Wednesday asked the state government to requisition central paramilitary forces to avert "untoward incidents" during Thursday's Hanuman Jayanti and debarred individuals, including politicians, from making comments that might disturb peace.
The division bench of acting Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya also banned Hanuman Jayanti rallies in areas in Howrah, Hooghly and North Dinajpur where prohibition orders were already in force and said cops should make procession organisers liable for any breach of peace or damage to property, public or private. "Police will have the discretion to allow or refuse permission to rallies and restrict the number of participants," the acting Chief Justice observed.
Bengal CM Mamata Banerjee, welcoming the order, said she "wished ... everyone will accept it". "It (the order) is not for one state but for all states," she added, responding to the order, which said it was the state's responsibility to ensure no breach of peace. "Paramilitary forces will assist the state in maintaining law and order," the bench said, asking the Centre to "take steps expeditiously" and deploy paramilitary forces as requisitioned by the state government.
The division bench asked advocate-general S N Mookherjee to spell out how best the state could ensure citizens' security, prompting him to submit a 27-point application form issued by the police that organisers would need to fill up to seek permission for taking out Hanuman Jayanti processions.
"Stringent conditions should be imposed," the bench said. "The rallies should be organised, preferably, along designated routes and the police should barricade entire rally routes. They should also conduct route marches for confidence-building. CCTV cameras should be installed along procession routes," the acting CJ observed, adding that the conditions should be applicable for all rallies.
There should be no ‘political colour’ to litigation, says HC
Advocate-general S N Mookherjee told the Calcutta High Court that barricading entire routes through which Hanuman Jayanti processions would pass would not be possible given the short time, but barricades would be set up in sensitive areas. The AG submitted that organisers had been asked to give details of the volunteers who police could contact during exigencies. Cops had received 2,000 procession applications in and around Kolkata, he added.
“The state should ask for paramilitary forces when large police forces have already been deployed,” the acting CJ observed, adding that there should be no “political colour” to the litigation even if the litigant was a political person. Its order barring individuals, including politicians, from making comments on Hanuman Jayanti came after lawyer and BJP leader Priyanka Tibrewal sought its directive in view of statements by politicians. The bench prioritised citizens’ security and said its order followed from the “prevention is better than cure” principle. “The purport and scope of this order is to reassure people they can stay safe at home,” the acting CJ observed.
The bench took serious note of a letter from the Diamond Harbour additional district sessions judge, whose family stayed in Rishra. He was with his family when violence broke out in Rishra on Monday; he sought police help but no one paid any heed, he added. The court also took notice of stone-pelting from rooftops during a Ram Navami procession in Howrah. “The intelligence wing should be strengthened. It should work. It is an intelligence failure if someone says that the incident was pre-planned,” the acting CJ observed. The court also directed the state to submit an actiontaken report during the next hearing next Monday.