Different ideologies welcome in democracy: Calcutta High Court allows CPI(M) to erect book stall near its office

The Calcutta High Court on Thursday allowed members of the Communist Party of India (Marxist) [CPI(M)] to set up a book stall near its office at Bongaon Jessore Road during Durga Puja after they were obstructed by the religious group, Hindu Jagran Manch [Communist Party of India (Marxist) and Anr. v. The State of West Bengal and Ors.].

A Bench presided by Justice Saugata Bhattacharyya said that different political ideologies are welcome in a democracy and the State government must create an atmosphere where persons owing allegiance to different political ideologies will not hesitate to express their views.

"Dissemination of different political thoughts and ideologies is welcome in democracy since it makes the democracy fruitful, deep rooted and matured. It is expected of present ruling dispensation to create an atmosphere where persons owing allegiance to different political ideologies will not hesitate to express their views," the Court said.

The Court also took exception to the stand adopted by the State in refusing to grant permission to CPI(M) to erect the book stall.

The matter came up for hearing after members of the Hindu Jagran Manch allegedly obstructed CPI(M) from erecting a temporary bamboo structure for their book stall while subsequently setting up their own temporary structure in the same place.

The book stall had previously been set up for many years during Durga Puja.

CPI(M) sought a direction from the Court to local police authorities to maintain peace and public order in the area where the book stall was to be set up.

The State said that setting up the stall was impermissible since it lacked appropriate approval from the Public Works Department (PWD).

However, CPI(M) argued that others stalls were being permitted in the same area and it was only the erection of their stall that was being obstructed.

Advocate General Surojit Nath Mitra, appearing for the State, argued that the single-judge lacks the jurisdiction to hear the matter.

The State also brought up the West Bengal Highways Act, 1964 and said that the stall is intended to be set up on a highway but appropriate authority was neither informed nor made a party.

The State also cited a letter addressed by the CPIM to the Sub-Divisional Officer (SDO) of Bongaon seeking permission to erect the temporary book stall.

"Why did they apply? Because they know permission is required. It is not a lawful establishment since it is public land," the State argued.

Senior Advocate Bikash Ranjan Bhattacharya, appearing for CPI(M), rebutted the arguments.

Justice Bhattacharyya then asked details of other stalls set up as claimed by CPI(M).

"Show me others who are erecting stalls without permission from BDO, PWD? Why do they (CPIM) have to take permission when others do not? Different questions are being raised in order to prevent the petitioners (from raising their stall) whereas others are being allowed."

The judge criticised the stand adopted by the State.

"If this is the stand of the State, will it not create any anarchy? Others are constructing and running their stalls and when the petitioner will run the stall they will be prevented by others and police will become mute spectator?" the judge asked.

The judge also noted that a report sought from the Inspector-in-Charge of the concerned police station on October 14 was not filed. Therefore, it could not be ascertained by the State as to whether other stalls were erected in the same locality.

Hence, the Court proceeded to allow the prayer by CPI(M) and directed local police authorities to deploy personnel to maintain peace and public order so that the CPI(M) members could erect and operate their book stall anywhere within 100 meters of their party office during puja days without obstruction.

The Superintendent of Police for the Bongaon Police District was also directed to file a report as per the order.

The case will be heard next on November 23.