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"Interference With State's Policy Decision Unwarranted": Tripura High Court Rejects TMC's Plea To Hold 'Protest' Rally In State

Sparsh Upadhyay
22 Sep 2021 1:26 PM GMT
Interference With States Policy Decision Unwarranted: Tripura High Court Rejects TMCs Plea To Hold Protest Rally In State
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The Tripura High Court on Tuesday dismissed a plea filed by the All India Trinamool Congress seeking permission to organize a protest rally despite State Government's order prohibiting all meetings, procession, public gatherings by any political party in the Sadar area till Diwali festival, 2021.The petitioners argued that the government had actuated with malice in issuing the said...

The Tripura High Court on Tuesday dismissed a plea filed by the All India Trinamool Congress seeking permission to organize a protest rally despite State Government's order prohibiting all meetings, procession, public gatherings by any political party in the Sadar area till Diwali festival, 2021.

The petitioners argued that the government had actuated with malice in issuing the said prohibitory order dated 20.09.2021 and it is aimed only to restrain them from organizing any rally in the city of Agartala (scheduled for September 22 and was to be addressed by TMC MP Abhishek Banerjee).

The Bench of Justice Arindam Lodh perused the Government's order and noted that the government had considered various aspects on the eve of Durgapuja, the greatest festival of the State and that they have shown the reasons as to why the prohibitory order had been issued. 

"In my opinion, this is a policy decision of the government. The power of this Court is very limited in this regard. Making a policy decision is absolutely within the domain of the executives. The Court cannot invade the power vested upon the legislatures as well as the executives unless and until fundamental right is breached," the Court further observed.

The Court also added that the policy decisions must be left to the government as it alone can decide which policy should be adopted after taking due consideration of various facets, it faces to run the administration in the interest of the public.

Further, opining that the Court should not substitute its own judgment for the judgment of the executive in such matters, the Court noted thus:

"It is entirely upon the government to decide the measures and steps to be taken to maintain the law and order in the State and precautionary measures to be adopted on the eve of threat out of 3rd wave of Covid-19."

Regarding organizing a rally and submission of representation in this regard, the Court said that the petitioners have the liberty to pursue their cause with the appropriate authorities, and that the Court's order is not necessary for such purpose.

The Court also noted (referring to Article 19) the State legislature or its executives can impose all reasonable restrictions to achieve certain objects and in the case in hand, the object, the Court opined, the executives intended to achieve is to prevent a breach of the peace (law and order) in and around the city of Agartala i.e. in Sadar SubDivision and also to take precautionary measures to prevent the deadly coronavirus in the crowded city of Agartala.

therefore, dismissing the plea, the Court observed thus:

"In view of this, interference with the policy decision of the State respondents as indicated in the prohibitory order dated 20.09.2021, in my opinion, is unwarranted and thus, this Court cannot pass any direction permitting the petitioners to organize rally as prayed for by them by way of filing the present writ petition."

Case title - All India Trinamool Congress & Another v. The State of Tripura and 6 Others 

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