'We Cannot Shut Our Eyes To Article 19': Calcutta High Court Orally Remarks While Allowing Trinamool Youth Congress Rally

The Calcutta High Court on Tuesday permitted the All India Trinamool Youth Congress (TMYC) to hold a rally in Kolkata on Wednesday between 2:30 pm and 4:30 pm, observing that "we cannot shut our eyes to Article 19" of the Constitution while balancing the public's right to free movement.

Justice Saugata Bhattacharya directed that the procession be held from Ballygunge Phari to Hazra Crossing, with one flank of the road remaining open for vehicular movement throughout the rally to minimise disruption to traffic.

The matter arose after the petitioner challenged the police's refusal to grant permission for the rally.

Appearing for the petitioner, Senior Advocate Kalyan Bandopadhyay argued that the State could not dictate when citizens may exercise their democratic right to protest.

"The State cannot tell me when to protest. It is my democratic right under Article 19. Every day the right is there. It is not restricted to weekends," Bandopadhyay submitted.

Responding to concerns about inconvenience on a working day, he remarked: "Let the government declare that nothing will be done in the State except the weekend, we will accept that."

The Court initially expressed concern that a rally during office hours could cause hardship to the public, observing that it "may cause hardship to the general people on a working day" and cautioning against choking traffic on the narrow stretch.

Bandopadhyay maintained that traffic on the route remained relatively light during the proposed hours and assured the Court that only one side of the road would be used, leaving space for vehicles.

The State, represented by the Additional Advocate General, opposed the plea, contending that permission for such rallies should be granted only where there exists a "burning issue."

The AAG argued that no such urgency was disclosed in the petition and submitted that earlier court orders required authorities to consider whether a proposed rally involved a matter of pressing public interest.

Bandopadhyay rejected the contention, responding that if necessary he could amend the petition in light of the recent incidents at Baruipur.

The Court, however, observed that the police rejection order itself did not rely on the "burning issue" criterion. 

"There is no such reason in the order of the police authority. If the order of the Court had been followed by the police authority we can examine," Justice Bhattacharya observed.

Emphasising the constitutional guarantee of peaceful assembly, the Court said: "We cannot shut our eyes to Article 19."

Accordingly, the Court permitted the rally to proceed between 2:30 pm and 4:30 pm from Ballygunge Phari to Hazra Crossing, directing that one flank of the road be kept open for vehicular movement during the procession.