There Should Be Level Playing Field For All Political Denominations To Hold Public Rallies In State: Calcutta High Court

The aforesaid observations were made by a single judge bench of Justice Rajasekhar Mantha while hearing a writ petition filed by a BJP leader challenging the decision of the State Police denying him the permission to hold a rally on March 14 at Nandigram for paying respects to the 14 villagers who were killed in police firing during Anti-Land Acquisition protests on March 14, 2007.

The petitioner contended that the police authorities denied the necessary permissions to hold rally suggesting him to hold the rally on an alternative day.

The counsel for the State Amitesh Banerjee submitted that another political party has been allowed to hold a rally at the said place from 10 am to 2 pm on the same day.

The court permitted the petitioner to hold the rally from 8 am to 10 am on the 14th March, 2023 at the Nandigram at Gokulnagar, Adhikaripara Malpally to Sonachura Saheed Minar, averring that the public at large should not inconvenienced in any way and movement of traffic should not be disturbed.

The court further directed the other political party to hold rally from 11 am to 3 pm instead of 10 am to 2 pm on March 14.

The court held:

“The petitioner may hold the rally and the CRPF may also deploy forces to ensure the petitioner’s rally is held smoothly. However, the petitioner, their supporters and the CRPF shall vacate the place indicated hereinabove by 10.30 am. The State police, to the extent necessary may also be deployed.”

Accordingly, the court disposed the writ petition with above directions.

Case Title: Swadesh Ranjan Das Adhikary v. The State of West Bengal & Ors.

Citation: 2023 LiveLaw (Cal) 70

Coram: Justice Rajasekhar Mantha

ClickHere to Read/Download The Order