Kolkata, Oct 15 The Calcutta High Court on Thursday said it expected West Bengal’s BJP government to create an atmosphere allowing divergent political views in the state, allowing the CPI(M) to set up a bookstall near a Durga Puja pandal in Bongaon.
Observing that dissemination of different political thoughts and ideologies is welcome in a democracy, the court held that this makes democracy “fruitful, deep-rooted and mature.”
“It is expected of the present ruling dispensation to create an atmosphere where persons owing allegiance to different political ideologies will not hesitate to voice their views,” Justice Saugata Bhattacharyya observed.
The court directed the Bongaon police district SP and Bongaon police station’s inspector-in-charge to ensure public order and peace, enabling the petitioner CPI(M) to erect a bookstall and sell their books during Durga Puja days within a 100-meter radius of their party office at the site.
The party office is near a Durga Puja pandal. The CPI(M) has been setting up bookstalls near Durga Puja pandals for decades.
Justice Bhattacharyya directed the police authorities to deploy adequate security personnel to prevent others from disturbing the members of the Left party from running the stall and selling books.
The court directed the SP to file a report on steps taken to comply with the order on the next date of hearing on November 23.
The court refused a prayer for stay of operation of the order made by the state respondents.
Earlier in the day, a division bench presided by Chief Justice Ravindra V Ghuge disposed of an appeal by the officer-in-charge of Bongaon police station challenging Justice Bhattacharyya’s October 14 order in the CPI(M)’s petition.
The division bench granted leave to this single bench to consider whether the matter falls within its jurisdiction to be heard, which was questioned by the appellant in his appeal.
Justice Bhattacharyya, after hearing both the state and the petitioner CPI(M), held that the issue raised in the petition was a police inaction matter, meaning this court could hear it.
“The court finds that the petitioner organisation has become a victim in the matter of erecting a bookstall whereas others have been permitted,” Justice Bhattacharyya said
He observed that such a situation is countenanced when a case is made out that the petitioner organisation set up bookstalls there for a long period of time.
The court said that when others are selling various items by setting up stalls in the locality, then the petitioner organisation cannot be prevented from selling books from a stall there.
Hearing the CPI(M)’s plea to allow the bookstall to be put up on Jessore Road at Bongaon in North 24 Parganas district during the Durga Puja festival, Justice Bhattacharyya had observed on Wednesday that the opposition’s voice must not be stifled, as that is not the spirit of democracy.
The petitioner’s lawyer claimed that a stall by the Hindu Jagran Manch has been set up where the CPI(M) has traditionally set up its temporary bookstall near the Durga Puja pandal for the past 50 years.
Justice Bhattacharyya had directed the inspector-in-charge of Bongaon police station to hold an inquiry and submit a report on Thursday on whether others have put up stalls on Jessore Road without permission of the PWD or other authorities.
The state had thereafter moved the appeal before the division bench presided by the Chief Justice, questioning whether the single bench of Justice Bhattacharyya could hear the matter, claiming that it was related to land issues and not police inaction.
(PTI News)
