Jantar Mantar protest: Calcutta HC rejects permission for TMC solidarity rally in Kolkata

The Calcutta High Court on Saturday rejected a petition moved by the student wing of All India Trinamool Congress (YMC) seeking permission to hold a rally to express solidarity with the Jantar Mantar protestors who recently faced police excesses in Delhi.

In a special hearing held on Saturday afternoon, Justice Saugata Bhhatcharya said the situation is "not absolutely normal" and thus the student wing could not be permitted to hold the rally.

Such permission may escalate tensions, the Bench said.

"If this rally will lead to any untoward incident, then this Court will be held responsible. Student unrest is spreading through major cities including our city. There was huge gathering and that is why this court was asking Mr Nag [counsel for petitioner] that why they did not join yesterday. Separate rally at this stage, Court finds, is not permissible to be conducted in view of the current scenario," the Bench remarked.

The Court also said that it would not be feasible to permit rallies by different political organisations.

"At this stage, Court will not permit. Sorry!," the judge added.

The petition was moved by Priyanka Adhikary, the President of Trinamool Chhatra Parishad (TMCP) which is the student wing of the Trinamool Congress led by former Chief Minister Mamata Banerjee.

Adhikary challenged the denial of permission by the police for the rally. The students wanted to hold the rally today. An application seeking permission for the rally had been made to the police on July 23.

The counsel representing the petitioner said the police had initially given permission for the rally but the decision was taken back later.

Advocate General Surajit Nath Mitra appeared for the State and opposed the plea. He said the State has to ensure there is no breach of peace and tranquility.

In the order, the Court said that the right to free speech and the right to peaceful assembly are subject to reasonable restrictions

It added that a balance has to be struck between the rights of citizens to hold a rally and the right of administration to regulate such programmes in the interest of all.

Considering that student protests are taking across the country, the Court said it would not be feasible to allow the petitioner to hold the rally as it “may escalate tension, leading to breach of corresponding rights of citizens of Kolkata”.

"This Court is not inclined to interfere with the e-mail communication ... issued on behalf of police authorities," it said, while dismissing the plea.