Calcutta HC paves way for Martyrs' Day rally by Mamata-Banerjee-led TMC near Birla Planetarium

The Calcutta High Court on Wednesday ordered the Kolkata police to permit the Mamata Banerjee-led Kalighat faction of the Trinamool Congress (TMC) to hold a Shahid Diwas (Martyrs' Day) rally on July 21 at Cathedral road near Birla Planetarium.

Justice Saugata Bhattacharya passed the order on a plea moved by TMC leader Derek O'Brien.

Several conditions were also imposed for the conduct of the rally. The rally's organisers were ordered to ensure that the number of participants for the rally is capped at 3,000 persons. The rally, which is scheduled to start at 12 PM on July 21, must end by 3.30 PM.

O'Brien and twenty volunteers were directed to give their details and phone numbers to the Joint Police Commissioner by 4 pm on July 18. They were ordered to ensure that all conditions imposed by the Court are followed.

The police authorities were directed to depute adequate security personnel to ensure that law and order is maintained, particularly since three political meetings were expected to be held on the same day (July 21).

Directions were also issued to ensure that one flank of the road is kept open to ensure the smooth movement of vehicular traffic. Both TMC's volunteers and the police were directed to ensure compliance with this directive.

The Court disposed of the O'Brien's petition on these terms.

However, it clarified that it has not decided on the merits of O'Brien's challenge to a June 30 prohibitory order which had restricted the conduct of meetings, rallies etc. in several parts of Kolkata. This issue was kept open.

Order copy is awaited.

O'Brien filed the plea challenged a June 30 order that prohibited any public meetings in various areas of Kolkata, including the Esplanade area, from July 2 till August 30.

The said order was passed ahead of TMC's plans to hold their annual Martyrs' Day rally near Esplanade.

Representing O'Brien, Senior Advocate Kalyan Banerjee told the High Court today that although TMC (Kalighat faction) was the first to apply for permission to hold such a rally, their application was kept pending while two other political meetings were permitted for the same day.

The Court noted that the State had permitted the Congress and the TMC faction led by rebel MLA Ritubrata Banerjee to hold Martyr's Day meetings on July, in areas that were near each other.

"If two groups have been given permission within the same vicinity, in and around esplanade, then why another group will not be permitted?" the judge asked.

The Court, however, said it was not inclined to allow O'Brien's plea to permit the TMC (Kalighat faction) rally to proceed at Victoria House at Esplanade given the logistical constraints that were also flagged by the State.

The Court eventually accepted a suggestion to allow the rally to proceed near Birla Planetarium instead.

The BJP-led State government, represented by Advocate General Surojit Nath Mitra, expressed apprehensions that even this new venue might not be suitable to accommodate a large crowd, more so since there are schools and a hospital in the vicinity.

The Court recorded the objection but ordered the police to permit the rally at the new venue.