Division bench of Calcutta HC allows Amit Shah’s rally in Kolkata

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In a major blow to the West Bengal government and Trinamool Congress, a division bench of the Calcutta High Court on Friday allowed the BJP to conduct its mega rally on November 29 at the place in central Kolkata where Trinamool Congress organises its annual ‘Martyrs Day’ rally on July 21 every year.

The rally, to be conducted as a protest against irregularities in implementation of the 100-day job scheme under MGNREGA in West Bengal, are supposed to be attended and addressed by the Union Home Minister Amit Shah, Union Minister of State for Rural Development Giriraj Singh and Minister of State Niranjan Jyoti.

Earlier on November 20, Calcutta High Court’s single-judge bench of Justice Rajasekhar Manta overruled the denial of police permission for the said rally and allowed BJP to conduct it at the place of the latter’s choice. However, on November 22, the West Bengal government approached the division bench of Chief Justice T.S Sivagnanam and Justice Hiranmay Bhattacharya challenging the single- judge bench order.

On Friday, the division bench too upheld the order of the single- judge bench and allowed BJP to go ahead with its scheduled programme at the scheduled place and date.

Besides that the division bench also made certain observations that were immensely embarrassing for the state government and the ruling party. The division bench clearly directed that although BJP will have to conduct the rally following the conditions and restrictions mentioned in the official website of Kolkata Police, the latter will not be allowed to impose any additional or new restriction on the organisers of the rally.

The court’s observation was that if a particular programme (read Trinamool Congress’ ‘Martyrs Day’ rally), can be conducted at that particular place in central Kolkata, there is no reason why a similar rally by any other organiser cannot be conducted there.

“In that case we will have to cancel the July 21 rally as well. Rather we will have to order for the cancellation of all public programmes. Will that be good? What is the necessity for creation of political complexities,” the Chief Justice observed.

Till the time the report was filed there was no reaction from the ruling Trinamool Congress. The state unit of BJP welcomed the decision of the court.

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