SC allows BJP rallies in WB, but ‘rath yatra’ still in limbo

Satya Prakash

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Tribune News Service

New Delhi, January 15

The Supreme Court on Tuesday directed the West Bengal Government to allow all public meetings and rallies proposed to be held by the BJP at different venues, provided the saffron party furnished adequate and timely information and schedules of such meetings.

However, the BJP’s plan of holding rath yatras remains in limbo as a three-judge Bench headed by CJI Ranjan Gogoi asked the saffron party to submit “a further modified proposal, which meets and answers the apprehensions of the state government, so far as maintenance of law and order is concerned”.

“Looking into the details of the proposed rath yatras and the order of the state government, dated January 14, we cannot say that the apprehensions expressed by the state government are totally unfounded. It is for the state government to maintain law and order and the apprehensions expressed in the order will have to be addressed by the petitioner to the government in a reasonable manner,” it said.

The Bench, which also included Justice Sanjay Kishan Kaul and Justice LN Rao, said: “Once such a proposal is submitted, the state government will consider the matter and pass appropriate orders keeping in mind that the present involves a case of exercise of the fundamental rights, inter alia, under Article 19(1)(a) of the Constitution.”

The Bench said: “It is in that spirit that we expect the state government to deal with the matter on receipt of such revised proposal as may be submitted. Any revised proposal submitted by the petitioner will be responded to by the state government with utmost expedition, keeping in mind that with the commencement of examination of CBSE and other Boards, the use of loudspeakers etc may be banned.”

The order came on the West Bengal BJP’s petition challenging the December 21 order of a division Bench of the Calcutta High Court setting aside a single-judge’s order allowing the party’s rath yatra.

On behalf of the BJP, senior counsel Mukul Rohatgi asserted that the TMC government can’t suppress a party’s right to hold public meetings and rath yatras in the run-up to the Lok Sabha elections.

Rohatgi’s arguments were countered by senior counsel Abhishek Manu Singhvi who said the party had not given details of rath yatra programme and there were intelligence reports that it could lead to communal disturbances.

The BJP had originally planned 40-day rath yatra/ganatantra bachao yatra/chetna yatra i.e. simultaneous processions from four different parts of the state but later cut it short to 20 days. The ‘yatras’ were to start from Baharampur in Murshidabad district, Diamond Harbour in South 24 Parganas district, Medinipur and the Lok Sabha constituency of Kolkata North and cover all the 42 Lok Sabha constituencies in the state. A minimum of 2,000 people were expected to join each of the yatras proposed.

‘Can’t suppress right’

The TMC government can’t suppress a party’s right to hold public meetings and rath yatras in the run-up to the Lok Sabha elections. Mukul Rohatgi, BJP Counsel

‘No details available’

The BJP has not given details of rath yatra programme and there are intelligence reports that it can lead to communal disturbances. Abhishek Manu Singhvi, WB Counsel