Calcutta, Nov. 25: The high court today granted the BJP permission to hold its November 30 rally near Victoria House at Esplanade, subject to approvals from the Calcutta Municipal Corporation and the fire brigade, prompting a scurry of officials out of the civic office before the party could reach there.
The CMC secretary, however, came back to receive the BJP’s application after legal opinion pointed to the risk of contempt of court.
“I hope and trust that both the CMC and the West Bengal fire services will not unnecessarily withhold or harass the BJP while giving its approval for holding the rally,” Justice Debangshu Basak said in his order.
READ BEFORE YOU HOLD YOUR NEXT MEETING |
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Mamata at the July 21 rally in front of Victoria House at Esplanade in 2012 |
Calcutta police performed a hat-trick on Tuesday, pulling out of nothing three permissions that they said were a must for any public meeting. Rally-scarred commuters had no clue for so many years that holding a public meeting in Calcutta was so difficult |
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Calcutta police had cited traffic concerns to deny permission to the BJP to hold the public meeting, to be addressed by party national president Amit Shah, at Esplanade although Trinamul has been allowed to organise its annual July 21 rally at the same venue “as a matter of convention” for years.
In the court today, the government lawyer did not mention any traffic concerns.
A government panel lawyer later told The Telegraph: “Since November 30 is a Sunday, it would have been difficult for the police to say there will be traffic congestion because of the rally. We have to remember that the July 21 rally this year (at the same venue) was held on a Monday.”
State BJP president Rahul Sinha claimed “victory” and said Trinamul and the police would have to “face the consequences” if the use of the Esplanade venue was denied.
Justice Basak directed the BJP to apply to the CMC and the fire brigade by 5pm today. He told the CMC and the fire department to inform the BJP about their decision by Thursday. “After obtaining approvals from the CMC and the fire services department, the party will approach the Calcutta police commissioner seeking adequate forces for maintaining law and order at the meeting,” the order stated.
CMC sources said that within hours of the court’s order, most senior civic officials left office. “There was a lot of pressure not to accept the BJP’s application so that the onus of rejection doesn’t lie on us. So the office was vacated by 4.30pm.
“However, after consulting the legal cell, it was decided that since the court had asked the BJP to file the application by 5pm, it should be accepted or it could amount to contempt of court,” a senior CMC official said.
The sources said CMC secretary Harihar Prasad Mandal was asked to go back to his office by his superiors and accept the BJP’s application, which was submitted by an advocate representing the party.
A senior fire department official confirmed the receipt of the BJP’s application “on plain paper”. “We have asked them to submit documents on the plan and size of the dais, the number of participants expected and the duration of the programme,” the official said.
Moving the petition before Justice Basak today, BJP counsel Kaushik Chanda said police commissioner Surajit Kar Purkayastha had “rejected” the party’s plea for the rally in front of Victoria House. Chanda said Trinamul had held a rally at the same venue on July 21.
The state’s additional advocate-general, Ashok Banerjee, said Kar Purkayastha turned down the BJP’s request because it was “premature”. “The police cannot give permission until a party obtains necessary approvals from the CMC and the fire brigade.”
CMC advocate Biswanath Mukherjee told the court that the application the BJP submitted yesterday did not mention the rally area and the nature of the dais. Lawyer Pranab Dutta, appearing for the fire department, said: “The party should apply for approval from my client.”
Chanda said: “This is the first time we are hearing that such norms exist in our state. For the first time a political party will seek approvals from the CMC and the fire services for holding a rally in the city.”
Justice Basak replied: “It is a matter of shame that being a political party, you will be the first to comply with the norms.”