'Situation Not Normal': Calcutta High Court Declines Plea By TMC Student Wing For Rally In Solidarity With NEET Protest In Delhi

The Calcutta High Court on Saturday refused to permit a student organisation to hold a separate protest rally in Kolkata, observing that the prevailing law and order situation in the State was not conducive to allowing another demonstration.

Justice Saugata Bhattacharya, hearing the matter, noted that student unrest had spread to major cities, including Kolkata, and held that granting permission for a fresh rally at this stage could aggravate tensions.

"Balance has to be struck between right of students to hold rally, vis-à-vis the right of the administration to regulate such programs in the interest of all so that all can enjoy their rights...protest has spread to major cities inclduing Kolkata, one such rally was held yesterday and police had a trying time to control such protest and keep normalcy. Existing circumstances, as appears to this court, does not seem to be absolutely normal, which is a relevant consideration in this matter, as a separate rally is to be organised by student wing of a polictical party." the court held.

"During existing situation, the court does not find it feasible to allow petitioner to hold rally which may escalate tension, leading to breach of corresponding rights of citizens of Kolkata," it added.

During the hearing, the Bench questioned the petitioner as to why it sought permission for a separate rally when a protest had already been held a day earlier.

"Was there a reason given for denial?" the Court asked after being informed that the police had rejected the request.

After counsel replied in the affirmative, the Court observed: "Law and order is the reason. There was a rally yesterday; you could have participated in it. Situation is not normal. No separate permission can be given. Don't try to take advantage of these things."

The petitioner's counsel, however, argued that the organisation had followed the prescribed procedure and that the police had initially accepted its application. Stressing the significance of the ongoing student protests, counsel submitted:

"The police gave us permission after our application. Please appreciate that the Education Minister has resigned as a result of the protests."

Opposing the plea, the State submitted that the writ petition had not been properly served and that it had not received adequate time to obtain instructions.

"We are opposing this application as it was not properly served and we did not get time to take any instructions. Kindly consider the reasons for declining the prayer," the State submitted.

The Bench, however, indicated that the prevailing circumstances were the decisive consideration. "Existing circumstances are pivotal," the Court remarked.

The Advocate General also clarified that the authorities had not adopted a blanket policy against granting permission for rallies. "It was never said that permission will not be granted," the Advocate General submitted.

Explaining its reasons for declining interim relief, the Court observed that permitting a rally by a student organisation in the present circumstances could worsen the situation.

"We are of the view that the situation is not normal today. Permitting a student wing to hold a rally may escalate tension. That is the view of the Court also. If a rally is organised by our permission and leads to an untoward incident, the Court will be held responsible," the Bench observed.

The Court further noted that the unrest was no longer confined to isolated incidents.

"Student unrest is spreading to major cities, including our city. So we asked why they didn't join yesterday. Separate rally, we find, may not be held in light of the present scenario. If different organisations will come, we find it is not feasible at this stage."

The petitioner's counsel suggested that the Court could impose appropriate restrictions on the proposed rally. It was also submitted that the police had suggested an alternative route for the demonstration.

The Bench, however, remained unconvinced. "At this stage we cannot allow." "Don't make a programme which will escalate the situation," the Court told the petitioner.

Counsel concluded by urging that "the feelings of students have to be respected." The High Court ultimately declined to grant permission for the proposed separate student rally, holding that public order considerations outweighed the request in the prevailing circumstances.