A Division Bench of the Calcutta High Court is hearing the Mamata Banerjee-led government’s petition challenging the single bench’s order allowing the BJP to hold its rath yatra programme across the state.
A Division Bench of the Calcutta High Court is hearing the Mamata Banerjee-led government’s petition challenging the single bench’s order allowing the BJP to hold its rath yatra programme across the state. The bench comprising Chief Justice Debasish Kargupta and Justice Shampa Sarka agreed to hear the plea at 11 am Friday after the ruling Trinamool Congress (TMC) expressed urgency and sought an immediate hearing of the case.
The court directed the government to serve copies of the appeal to the BJP following which the hearing would be held.
Citing intelligence reports of possible communal violence, the state government had last week denied permission to the saffron party, for the second time, to hold the yatras. The BJP was earlier scheduled to kick off its rath yatra programme from December 7. On December 6, a single judge bench of the high court refused permission to the party. The BJP then approached the division bench, which asked the state chief secretary, home secretary and director general of police to hold a meeting with three representatives of the BJP and take a decision by December 14.
Refusing permission, the state government on December 15, in a letter to the BJP, had said, “The areas proposed to be covered by the yatra are, because of publicity and propaganda, gradually turning into communally sensitive pockets. Intelligence reports indicate that public perception is that the religious overtones of the yatra will be turned into communal propaganda. Furthermore, during the period cited, major festivals and events are scheduled, and it requires a heavy deployment of the resources of the government, including the police force. We are therefore of the opinion that, for the reasons which have been elaborately mentioned. it is not possible to allow the yatra as proposed by the BJP.”
On Monday, the BJP approached the single bench of the high court which ruled that courts can “interfere” if the administration exercises its discretionary power in a “whimsical and unreasonable manner”. The single judge bench of Justice Tapabrata Chakraborty, however, laid down a set of conditions for the BJP and the state administration.
The court directed the government to serve copies of the appeal to the BJP following which the hearing would be held.
Citing intelligence reports of possible communal violence, the state government had last week denied permission to the saffron party, for the second time, to hold the yatras. The BJP was earlier scheduled to kick off its rath yatra programme from December 7. On December 6, a single judge bench of the high court refused permission to the party. The BJP then approached the division bench, which asked the state chief secretary, home secretary and director general of police to hold a meeting with three representatives of the BJP and take a decision by December 14.
Refusing permission, the state government on December 15, in a letter to the BJP, had said, “The areas proposed to be covered by the yatra are, because of publicity and propaganda, gradually turning into communally sensitive pockets. Intelligence reports indicate that public perception is that the religious overtones of the yatra will be turned into communal propaganda. Furthermore, during the period cited, major festivals and events are scheduled, and it requires a heavy deployment of the resources of the government, including the police force. We are therefore of the opinion that, for the reasons which have been elaborately mentioned. it is not possible to allow the yatra as proposed by the BJP.”
On Monday, the BJP approached the single bench of the high court which ruled that courts can “interfere” if the administration exercises its discretionary power in a “whimsical and unreasonable manner”. The single judge bench of Justice Tapabrata Chakraborty, however, laid down a set of conditions for the BJP and the state administration.