Calcutta HC Allows BJYM’s Bike Rally, Rejects Govt’s Objection

Justice Basak observed that the right of a political party to hold rallies cannot be denied.

The Calcutta High Court on Thursday, 10 December, allowed permission for a motorbike rally by BJP’s youth wing, Bharatiya Janata Yuva Morcha (BJYM), in West Bengal, rejecting the state government's objections to the event.

Justice Debangshu Basak asserted that the right of a political party to hold rallies cannot be denied, after the state authorities refused permission for BJYM’s rally in view of the Gangasagar Mela.

The BJYM motorbike rally named 'Pratirodh Sankalpa Abhiyan' to mark Swami Vivekananda's birth anniversary, is scheduled to be held from 12 to 18 January and would travel from Contai in East Midnapore district to Coochbehar in the north.

The outfit had applied for permission on 5 January, which was rejected by the state police administration on 9 January.

Noting that permissions have been granted to rallies by the state government as well as the ruling Trinamool Congress to be held on 12 January on the occasion of Vivekananda's birth anniversary, the court observed that the state should not discriminate in granting permission.

Advocate General Kishore Dutta had contended that a large number of police personnel have to be mobilised from all over the state for the maintenance of law and order and smooth organisation of the Gangasagar Mela.

He submitted that apart from the two rallies granted permission every year, it would not be possible to spare police personnel for any additional rallies.

The annual Gangasagar Mela is held from 12 to 15 January at Sagar Island in South 24 Parganas district at the confluence of the River Ganga and the Bay of Bengal, and lakhs of pilgrims congregate from different parts of the country for the holy dip.

Dutta suggested that the BJYM hold the rally after 26 January, but the petitioner rejected that possibility.

Observing that administrative inconvenience cannot stand in the way of application of law, Justice Basak noted that routes of the rally and the mela-bound pilgrims might overlap at a few places but not to the extent of blocking movement.

The court directed that the rally would move in an orderly fashion and the organisers would inform the administration at least half an hour before reaching any place to ensure proper traffic management and abide by all just directions of the authorities.