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The Calcutta High Court has directed the police to ensure that members of the Communist Party of India (Marxist) [CPI(M)] can erect and operate their book stall during Durga Puja without obstruction, observing that the dissemination of different political ideologies is essential for a fruitful, deep-rooted and mature democracy.

Justice Saugata Bhattacharyya directed the Superintendent of Police, Bongaon Police District, and the Inspector-in-Charge of Bongaon Police Station to maintain peace and public order and deploy police personnel to prevent anyone from disturbing the party members from operating the stall within 100 metres of the proposed location.

“Dissemination of different political thoughts and ideologies is welcome in democracy since it makes the democracy fruitful, deep-rooted and matured. It is expected of present ruling dispensation to create an atmosphere where persons owing allegiance to different political ideologies will not hesitate to express their views,” the Court observed.

The Court was hearing a writ petition filed by CPI(M) and another petitioner seeking police protection after they were allegedly prevented from erecting a temporary bamboo structure to house a book stall near the party office beside Bongaon Jessore Road.

At the outset, the Court considered the State's objection that the writ petition ought to be classified as a Group-I (Land) matter under the Calcutta High Court Rules, rather than a Group-IX (Police inaction) matter.

The Advocate General, Surojit Nath Mitra, argued that since the land belonged to the Public Works Department (PWD) and the party had sought permission from the Sub-Divisional Officer to set up the stall, the matter fell within the land-related roster.

The petitioners, represented by Senior Advocate Bikash Ranjan Bhattacharyya, contended that the principal relief sought was a direction to the police to maintain peace and provide protection, and that the matter therefore concerned police inaction.

Rejecting the State's objection, the Court held that the prayers in the petition primarily sought police protection and maintenance of public order. It observed that the miscellaneous category under Group-I could not be interpreted to cover every issue merely because it was not specifically listed under the other sub-heads relating to land.

The Court accordingly held that the writ petition was correctly classified as a Group-IX (Police inaction) matter and proceeded to consider the merits of the plea.

On the merits, the petitioners alleged that on October 6, members of Hindu Jagran Manch had forcibly obstructed them from erecting the temporary bamboo structure at the location where the CPI(M) had been setting

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