Calcutta High Court’s Ruling on TMC’s Martyrs’ Day Rally
The Calcutta High Court has directed Kolkata police to authorize the Mamata Banerjee-led Kalighat faction of the Trinamool Congress (TMC) to stage a Shahid Diwas (Martyrs’ Day) rally on July 21. This event is scheduled to take place at Cathedral Road near Birla Planetarium, following a petition filed by TMC leader Derek O’Brien. The order was issued by Justice Saugata Bhattacharya.
Conditions Imposed on the Rally
The Court’s permission comes with specific conditions. The rally’s attendance must not exceed 3,000 participants, and it should commence at 12 PM and conclude by 3:30 PM. Furthermore, Derek O’Brien and twenty volunteers are required to submit their contact details to the Joint Police Commissioner by 4 PM on July 18, ensuring that all Court-imposed conditions are adhered to.
Police authorities have been instructed to deploy adequate security personnel to maintain law and order, especially since three political meetings are expected on the same day. Additionally, arrangements must be made to keep one flank of the road open for vehicular traffic, which both TMC volunteers and police are responsible for enforcing.
Legal Proceedings and Pending Issues
The Court concluded O’Brien’s petition on these terms but did not address the merits of his challenge against a June 30 prohibitory order. This order had restricted public gatherings in several parts of Kolkata, including the Esplanade area, from July 2 to August 30, coinciding with TMC’s planned annual Martyrs’ Day rally.
Representing Derek O’Brien, Senior Advocate Kalyan Banerjee argued that the TMC’s application for the rally was stalled while permissions were granted to other political groups for the same day. The Court noted that permissions were indeed granted to the Congress and a TMC faction led by rebel MLA Ritubrata Banerjee for nearby locations.
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Venue Adjustment and State’s Concerns
Although the Court acknowledged logistical concerns raised by the State, it denied the plea to hold the rally at Victoria House in Esplanade. Instead, it approved the alternative venue near Birla Planetarium. The Advocate General representing the BJP-led State government, Surojit Nath Mitra, expressed concerns over the feasibility of the new location due to nearby schools and a hospital. Despite these objections, the Court directed the police to facilitate the rally at the designated venue.
