How can Kolkata Police curtail CPI(M) leader's constitutional right to hold peaceful demonstration? Calcutta High Court

The Calcutta High Court recently sought a response from the Kolkata Police as to why a Communist Party of India (Marxist) [CPI (M)] leader was not allowed to hold a political rally in the city's Bhangore area [Tushar Kanti Ghosh v. State of West Bengal]..Justice Rajasekhar Mantha stated in his order,"It shall be indicated as to how the constitutional right to hold a peaceful demonstration by the petitioner, can be interfered with by issuing order under Section 144 of the CrPC. The current law and order situation shall be revisited and reassessed," the judge said..CPI(M) leader Tushar Kanti Ghosh had moved the High Court challenging the decision of the Police to deny him permission to hold a rally. He also questioned the authority of the police inspector in-charge of the Bhangore Police Station to issue orders under Section 144 of the Code of Criminal Procedure (CrPC), thus preventing the rally from taking place. The Police had justified the need to pass prohibitory orders in light of the recent volatile clashes between members of the ruling Trinamool Congress (TMC), the Indian Secular Front (ISF) and the CPI(M), which took place last month. The Bhangore area, which is situated in the heart of Kolkata, witnessed violent clashes as members of these political parties sparred over hoisting their respective party flags. A day later, clashes took place between the Police and the ISF over the arrest of one of the party's members..During the hearing, the Bench noted that the Police had already allowed a particular political party to hold a rally on February 8, and that it had only denied the CPI(M) leader. It, therefore, sought to know why the said political party was allowed to hold the rally, especially when the Section 144 orders were in effect. The questions raised by the Court were directed to be addressed by the inspector-in-charge, Bhangore Police Station..Meanwhile, Justice Mantha noted that the Police has already registered two First Information Reports (FIRs) on January 21 against the members of one political party."Since the police are aware of the likely trouble makers, it shall be explained as to why the situation cannot be remedied by suitable police deployment," the Court observed. .Senior Advocate Bikash Ranjan Bhattacharya along with Advocates Samim Ahammed and Gulshan Parveen appeared for Ghosh. Advocate General SN Mookherjee and Advocate Anirban Ray appeared for the State..Corrigendum: An earlier version of this story described the petitioner as being a BJP leader. The error is regretted..[Read order]