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Earlier, the division bench of the Calcutta High Court quashed the order of the single bench of the court on RathYatra and directed the lower bench to consider the intelligence inputs provided by the state government. The Trinamool Congress Government in West Bengal had been denying to grant permission to the BJP for conducting Rath Yatra. The BJP had planned for Rath Yatras for one and half months by taking chariots from three different states through 42 constituencies located in the state of West Bengal.
The petitioner, EC Agarwal, contended that the fundamental rights of the Party under Article 19(1)(d) and 21 of the Indian Constitution are violated merely on the basis of assumptions. Hence, the state government had denied “illegally, irrationally, arbitrarily, and unconstitutionally” the grant of permission for the Rath Yatra. He also emphasised that the division bench should not have sent back the case to the single judge bench.
The petitioner contended against the state authorities by submitting that the petitioner was a political party which planned, by exercising its democratic right, various political programmes in West Bengal. The State government continues to deny the requests and demands of the petitioner on account the BJP being the opposition party in the state of West Bengal. The petitioner went on saying that he observed complete lawlessness and anarchy every day and said that mere expression of dissentby the fellow citizens against the state government brings them death.
It is not the first time that the BJP is facing such situation because All India Trinamool Congress Party has been showing dismay against the actions of the BJP since 2014. The BJP has lost to conduct the rallies due to the denial of permission at the last minute. Pointing out a similar case of the rally between Contai and Coach Behar, the court was informed about the how peaceful and in a time-bound manner the rallies were concluded. The absence of any bad occurrence and the inability of the state government to object against that rally are notable.
The petition, drafted by Swarupama Chaturvedi, stressed that the public officers in the state were working as political agents of the ruling party, and this is to be construed one among the reasons for the denial of permission for BJP’s Rath Yatra. The ruling party in the state is endeavouring to paint the RathYatras with communal stains with a notion to attribute discredit to the National Party, thereby influencing the choices of the voters.
The petitioner ensured the peaceful conduct of the rallies and said that the rath yatras shall not hinder the public order. Furthermore, the petitioner ensured compliance with the rules and restrictions that may be imposed by the state government in this regard.
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