The Calcutta High Court on Thursday declined to entertain a plea by Bharatiya Janata Party (BJP) leader Suvendu Adhikari to halt the conduct of "Sampriti" rally (all religions harmony rally) slated to be held by the Trinamool Congress (TMC) party on January 22, when the Ram Mandir is scheduled to be inaugurated at Ayodhya.
The bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya questioned how such a rally would affect the inauguration of Ram Mandir, although it asked the State to ensure that there is no breach of peace or tranquility during the rally in West Bengal.
"During the rally no speech or utterances be made hurting the sentiments of a section of the people belonging to a particular religion or sect and this shall be scrupulously followed. All persons participating in the rally must be sensitised. If violence happens organisers must be held liable," the Court ordered today.
The Court was dealing with a public interest litigation (PIL) petition filed by Adhikari (petitioner) who raised concern that large-scale violence may ensue if the TMC rally is conducted in the State on January 22.
Adhikari urged the Court to direct that no such rally be held on January 22. In the alternative, he said prayed for directions to deploy the military to prevent any violence.
"Milords, they can have it on any other day why the day of the inauguration of Ram Mandir?" Adhikari's counsel argued.
"We can ask the State to provide adequate safeguards, no hates speech, etc. Rallies are not new in West Bengal," Chief Justice Sivagnanam pointed out.
"Please let them change the date," the petitioner's further urged the Court during today's hearing.
"Why? Only you have the right to choose the date? Others don't?" Advocate General Kishore Datta replied.
During the hearing, Advocate General (appearing for the State) told the Court there was hardly any scope for clashes as apprehended by the petitioner.
"At least 35 applications, we have received for such functions from 12 noon to 12:45, which is only 45 mins. This will happen only in Kolkata. As far as the Sampriti Rally is concerned it will start by 3 pm. There is hardly any scope for any clash," Datta submitted.
The Chief Justice pointed out that the rallies are scheduled to be conducted in very congested areas. The main concern is that there should not be any hate speech or incitement of people, the Court said.
"The only main issue is the 'sentiments of people' must not be hurt. There are several orders of this Court and even the Supreme Court. The question of hate speech, triggering something, which may incite some kind of anger in people that may have a cascading effect. If that can be avoided, then there isn't any issue," the Chief Justice remarked.
The Advocate General assured the Court that these concerns would be taken care of.
"Yes, milords. Definitely. It goes without saying. The apprehensions are speculative just because there is a program on January 22. In fact, just nearby the High Court, on January 21, there are five meetings of five different political parties and we have permitted them," Datta said.
The Court, in turn, also expressed concern that public inconvenience should not be caused by such demonstrations, more so if they are called for by political supremos.
"The issue is, this is the call from a political supremo and people are directly under her (Chief Minister Mamata Banerjee) control. What if some anti-social persons start walking on the streets without prior permission? What if they hinder public movement block traffic, etc.?" the Chief Justice asked.
The Court proceeded to observe that political rallies can be conducted only with prior police permission. It also rejected the petitioner's argument that no such rally should be conducted on January 22.
Addressing concerns that public inconvenience may be caused by the rally's conduct on a working day, the Court proceeded to order:
"It is the duty of the State and also the political party (TMC) to ensure that the common public is not affected on account of this rally or else it will lead to resentment in the minds of the public, who will be traveling on that day since it is a working day. Since instructions are given to district leaders of the party at all blocks, this may cause immense hardship to the public in the State. As of now, it appears no permission as such is granted to conduct rallies block-wise. Therefore, if any person is desirous to carry out such rally they will have to seek prior permission."
With these directions, the Court proceeded to dispose of Adhikari's plea.
[Read live coverage of hearing]