The Calcutta High Court on Friday stayed a single-judge's order allowing erection of a temporary book stall by the Communist Party of India (Marxist) [CPI(M)] near its party office at the Bongaon Jessore Road.

A bench of Chief Justice Ravindra Vithalrao Ghuge and Justice Shabbar Rashidi passed the order on an appeal by the State government.

The government had challenged the order passed by Justice Saugata Bhattacharyya on Thursday on a petition moved by the CPI(M). The party had alleged that the State was preventing from installing the stall

Advocate Shamim Ahammed, representing the CPI(M) pointed out that many people had erected their stalls in the same locality but it was only the CPI(M) members who were being obstructed. He further said that many of these stalls were being operated without proper approval.

To this, the Chief Justice said,

"Can there be any justification?...Just because many thieves are roaming around, I [CPI(M)] will not be caught?"

CPI(M) also said that it is their fundamental duty to disseminate knowledge and information through literature and books.

Additional Advocate General Billwadal Bhattacharyya, appearing for the State said that the CPI(M) members were encroaching public land by erecting their stall and could not prefer a petition to uphold their fundamental rights in the case.

He said that the CPI(M) members had suppressed certain documents before the single-judge.

"It is the responsibility of police officials to prevent public nuisance," the State counsel said.

Considering the arguments, the division bench stayed the operation of the CPI(M) book stall during the remaining Durga Puja days.

Meanwhile, the Court took note of a statement that a group namely Hindu Jagran Manch (HJM) has erected their own stall in the place where the CPI(M) book stall was to be set up.

The Court directed the State to check whether they have any approval for it and take appropriate steps in case of any violation.

The matter will be heard next on January 21, 2027.