While rejecting a public interest litigation filed by the Leader of the Opposition in the state legislature, Bharatiya Janata Party’s Suvendu Adhikari, the court issued guidelines to ensure the smooth conduct of the Sampriti Rally on January 22.
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TODAY, the Calcutta High Court dismissed a public interest litigation (PIL) against the Sampriti Rally (Harmony Rally) planned to be held in West Bengal on January 22, 2024.
A division Bench of the court comprising Justices T. S. Sivagnanam and Justice Hiranmay Bhattacharyya heard the petition filed by the Leader of the Opposition in the state legislature Suvendu Adhikari.
Facts
It was pleaded in the PIL that the chief minister of West Bengal and the supremo of Trinamool Congress, Mamata Banerjee, held a press conference at Nabana on January 16, where she informed the public at large that on January 22, her party would organise a Sampriti Rally to spread the message of peace and communal harmony.
January 22 has been earmarked by the Union government led by Narendra Modi for prana pratisthaan, i.e., a ceremony for the installation of the idol of Lord Ram at the Ram Janmabhoomi–Babri Masjid site in Ayodhya.
According to the petition, such an event is being held after a 550-year wait. “It is apposite to mention that not only the entire nation but the world at large is eagerly waiting for such a mega global event signifying the ageless triumph of Sanatan Dharma,” the petition avers.
The petition questions the motives and rationale behind having a ‘parallel rally’ on the same day.
Advocates Srijib Chakraborty and Debanjan Mukherjee appeared for the petitioner Suvendu Adhikari. The petitioner’s advocate Debanjan Mukherjee who was the lead counsel, tried to impress the Bench by referring to the pleading contained in Paragraph 6 of the petitioner.
To which the Bench asked, “What is this Sampriti Rally?”
Advocate Debanjan Mukherjee replied, “My lords, Sampriti in English means peace.”
The Additional Solicitor General stated, “My lords, we have received 35 petitions from different organisations to hold rallies on that date. Sampriti Rally is to start from 3 p.m. It is to start from Hazara Crossing and culminate in Park Circus.”
The Bench, in a lighter vein, remarked, “So, I can’t reach my home? Sentiments of people should not be hurt.”
“It is absolutely speculative,” replied the Additional Solicitor General.
What did the petitioner seek?
The main reason for filing the public interest litigation, as per the petitioners, was that they apprehended that there is a possibility of large-scale violence in case the chief minister is allowed by the concerned police authorities to hold the rally.
The petitioner wanted the court to issue a writ of certiorari along with mandamus so that the Order passed by the police in allowing the Trinamool Congress to hold the rally is quashed.
What did the court state?
The court, while dismissing the petition, held: “By this PIL, a member of the West Bengal legislative assembly and leader of a political party and wherein the petitioner seeks for writ of certiorari to quash the decision of the respondent authority which has the effect of allowing the public rally which has been planned to be organised by the sixth respondent (TMC) on January 22, 2024.
The petitioner also prayed for the issuance of a writ of mandamus upon respondent no. 1 to restrain the workers of the sixth respondent from conducting any rally as has been planned by the sixth respondent on January 22, 2024.
The court further pointed out that several writ petitions had been filed before it not only by third parties but by the present petitioner himself seeking permission to hold rallies, meetings, etc.
Orders have been passed from time to time and in certain cases, the court has directed the deployment of forces wherein specific incidents regarding disruption of the movement of the public and the grave likelihood of breach of peace and tranquillity had taken place or were apprehended, the court said.
“The petitioner’s grievance appears to be that on January 22, 2024, the consecration of the Ram Temple at Ayodhya is to take place and the present rally organised by the sixth respondent is on the same day and there is a likelihood of breach of peace,” the court said.
It said that since traffic in Kolkata was likely to be disrupted, the state and the TMC had to ensure that the public was not adversely affected by the rally and that the transport of critically ill patients was not affected.
As far as district-level functions were concerned, the court ordered that the procedure laid for permissions, etc.. must be followed strictly.
It is the duty of the State to ensure that none of the programmes where permission has been granted are affected and that during the procession, no speech or utterance shall be made hurting the sentiments of a section of the people belonging to a particular religion or sect, the court averred.
The court further opined that in case there is a violation of the court’s directive then in such eventuality the organisers shall be held personally responsible.
Having issued these directions, the court dismissed the petition.
Click here to read the petition.
