Calcutta High Court Denies TMC’s Petition for Solidarity Rally in Kolkata
In a recent ruling, the Calcutta High Court has dismissed a petition filed by the student wing of the All India Trinamool Congress (YMC) seeking permission to conduct a rally in support of Jantar Mantar protestors. The protestors had reportedly faced undue police action in Delhi. The judgment was pronounced by Justice Saugata Bhattacharya during a special hearing on Saturday afternoon.
The Court highlighted concerns over the current situation, stating it is “not absolutely normal,” and thus, the rally could potentially heighten tensions. Justice Bhattacharya emphasized, “If this rally will lead to any untoward incident, then this Court will be held responsible. Student unrest is spreading through major cities including our city.” He further noted that the Court questioned the petitioner’s counsel, Mr. Nag, on why participants did not join an earlier protest. “Separate rally at this stage, Court finds, is not permissible to be conducted in view of the current scenario,” remarked the Bench.
Furthermore, the Court expressed its stance that authorizing rallies by various political entities at this juncture would not be feasible. Justice Bhattacharya firmly stated, “At this stage, Court will not permit. Sorry!”
The petition was initiated by Priyanka Adhikary, President of Trinamool Chhatra Parishad (TMCP), the student faction of the Trinamool Congress, under the guidance of former Chief Minister Mamata Banerjee. Adhikary contested the police department’s prior denial of permission for the rally, which students intended to hold on the same day. The initial request for rally authorization had been submitted to police authorities on July 23.
According to the petitioner’s counsel, the police initially approved the rally but later revoked the decision. Opposing the plea, Advocate General Surajit Nath Mitra represented the State, arguing the necessity of maintaining peace and order.
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In its order, the Court underscored that while the rights to free speech and peaceful assembly are fundamental, they are not devoid of reasonable restrictions. The Bench stressed the need to balance citizens’ rights to organize rallies with the administrative duty to regulate these activities for the public’s interest. Acknowledging the nationwide student protests, the Court concluded that permitting the rally could “escalate tension, leading to breach of corresponding rights of citizens of Kolkata.”
The Court thereby refused to intervene with the police’s emailed communication denying the rally, ultimately dismissing the plea.
