Calcutta High Court calls for level playing field for all political parties; allows BJP to hold rally on same day as TMC rally

There should be a level playing field for all political ideologies, the Calcutta High Court recently observed while permitting the conduct of a Bhartiya Janata Party (BJP) rally to commemorate the World Tribal Day on the same day and in the same area where a Trinamool Congress (TMC) rally is slated to be held for the same purpose. [Swapan Manna vs State of West Bengal]..Justice Jay Sengupta passed the order on a plea by a BJP worker who was denied permission to hold the rally at the Pingbone Nabkung Ground (Math), Goaltore police station, Paschim Medinipur on August 9 to commemorate World Tribal Day. .Permission for the BJP rally was denied earlier on the ground that the TMC had already been permitted to conduct its own World Tribal Day rally on August 9, just 500 meters away from the BJP's proposed venue..Justice Sengupta, however, pointed out that both the rallies could be held at different time slots. "Here, both the meetings pertain to commemoration of the same event – the World Tribal Day. So, choosing another date is out of question," the Court further observed..Notably, the Court reiterated the observations made by Justice Rajasekhar Mantha in March this year, while allowing another BJP rally that there should be equal space for all political ideologies in West Bengal. "This Court is of the view that there should be a level playing field for all political denominations and ideologies in the State for holding public rallies, gatherings and meetings. Law and order is indeed an issue that the State needs to look into," Justice Sengupta quoted, from the earlier order...The Court further ordered the police authorities to ensure that peace is maintained in the said area during the rallies. "The said area shall be carefully manned by police personnel from the local police station who shall ensure that no breach of peace takes place. The petitioner (BJP worker) shall abide by the conditions for hold such meeting and name 3 persons responsible for compliance of all terms and conditions to hold the meeting," the judge ordered.The Court added that both meetings should not cause any obstruction to the public at large and that even the rules governing the permissible levels of noise should be scrupulously maintained. "After the meeting is over, the venue of the meeting shall be cleaned up by the petitioner’s men and agents. The police authorities shall make necessary arrangements to ensure that no breach of peace takes place," the bench ordered further..The order was passed on a petition filed by one, Swapan Manna, a functionary of the BJP, who accused the State Police of purposely denying permission to the saffron party to hold their meet.The plea claimed that the BJP was initially permitted to hold the meeting at Goaltore College ground. However, the principal of the college withdrew the permission abruptly.Therefore, the BJP decided to shift their venue to the Pingbone Nabkung ground and permission was sought for the same earlier this month from the police. The police authorities failed to respond to this request, prompting Manna to approach the High Court. After the plea before the High Court was filed, the police intimated that permission for the BJP rally has been rejected since the TMC had already applied and secured permission to hold a rally in a nearby area. The police cited the 'prevailing sensitivity in the area' to deny the BJP permission for their rally.This was challenged by Manna to be a 'colourable exercise' of power to somehow prevent the BJP from holding its meeting. .The Court after considering the submissions made by parties, ordered the BJP to hold their meeting from 9 AM to 1.30 PM and the TMC to hold their rally on the adjacent ground from 1.30 PM pm to 7 PM..Advocates Sourav Chatterjee, Moukh Mukherjee, Pritam Roy and Soewel Bhattacharjee appeared for the Swapan Manna.Government Pleader Anirban Ray along with advocates Amal Kumar Sen and Ashima Das represented the State..[Read Order]