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The Calcutta High Court has permitted the Trinamool Congress (TMC) to hold a meeting to be led by former West Bengal Chief Minister Mamata Banerjee, instead of a proposed rally, after taking note of concerns regarding traffic congestion and inconvenience to local residents.

Justice Saugata Bhattacharya permitted the meeting to be held between 1 PM and 3 PM with a maximum of 2,000 participants, subject to conditions including compliance with prescribed sound limits and a prohibition on inflammatory statements that could lead to communal tension.

The police have also been directed to deploy adequate personnel during the meeting.

The matter came before the Court after TMC sought permission for a rally led by Mamata Banerjee. Senior Advocate Kalyan Bandopadhyay, appearing for the petitioner, referred to a procession held by Chief Minister Suvendu Adhikari from Dhakuria to Jadavpur University in the middle of a working day, and argued that political parties could not be subjected to a restriction requiring them to hold programmes only on Sundays.

“I am coming on the back of a program held by the CM from Dhakuria to Jadavpur in the middle of a working day,” the counsel submitted, referring to the State's objection to the proposed programme.

The Court observed that it had to strike a balance while considering the request and suggested that the organisers either choose a Sunday or change the route.

Bandopadhyay argued that unless there was a State policy that rallies would not be permitted on weekdays, such a restriction could not be imposed on the petitioner.

The Court, however, observed that reasonable restrictions could be imposed.

When counsel suggested that one flank of the road could be kept open, the Court observed that it could not permit the rally on GT Road on Friday.

The Court also referred to its earlier directions in which one flank of the road had been directed to remain open during political programmes.

“I have directed one flank to be kept open on two earlier occasions but it was not followed. If this recurs then the entire area will be choked,” the Court observed.

Bandopadhyay submitted that political parties, including the BJP, had previously held programmes on the route and that the road had subsequently been widened.

“On rath, lakhs and lakhs of people come on the route. In such case will democratic right only be allowed in Sunday?” he argued.

He further alleged that the State's objection was a “thoroughly an attempt” to prevent the programme.

As an alternative, the counsel proposed that the petitioner be permitted to hold a meeting for three hours without a procession, with a microphone and stage.

The Additional Advocate General appearing for the State opposed the proposed programme, pointing out that GT Road was narrow and was located in a sensitive area.

The State submitted that GT Road was, on average, around 21 feet wide and that there were hospitals in the area without any alternate route for ambulances or fire authorities. It also pointed out that six schools were situated in the vicinity.

The AAG further submitted that the proposed programme was scheduled for a Friday and that even on a Sunday it would be difficult to keep one flank of the narrow road open.

The State also raised an objection regarding the proposed meeting venue, submitting that the field belonged to a Jagannath temple and alleging apprehension of communally instigatory speeches in the area.

The Court observed that adequate police deployment could address the concerns and noted that the petitioner was modifying its proposed programme from a procession to a meeting.

“There will be no procession, if at a place a meeting is organised with a limited number of participants then there should not be difficulty,” the Court observed.

While dictating the order, the Court recorded that the State had suggested that the rally be held on a particular date and time indicated in the application, but observed that the petitioner's alternative proposal appeared acceptable in view of the inconvenience that locals could face from a rally on a working day.

The Court accordingly permitted the petitioner to hold a meeting between 1 PM and 3 PM with 2,000 people, subject to the conditions imposed.

Case: Asit Mazumdar v State of West Bengal

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