Observing that processions, rallies and meetings are a “regular feature” in West Bengal, a division bench of the Calcutta High Court on Friday upheld a single bench order allowing a public meeting to be organised by BJP and addressed by Union Home Minister Amit Shah on November 29 here.
The division bench presided by Chief Justice T S Sivagnanam dismissed an appeal by the West Bengal government, challenging the November 20 order of the single bench.
Taking notice of the fact that processions, rallies and meetings “are a regular feature in the state of West Bengal and more particularly in Kolkata”, it upheld the order of the single judge bench which had allowed the BJP to hold the public meeting in front of Victoria House at Esplanade in central Kolkata on November 29.
The division bench, also comprising Justice Hiranmay Bhattacharyya, observed that there have been several instances which have come to the notice of the court where rallies, meetings and agitations have been held for which no permission has been obtained.
The state government had moved the appeal before the division bench, challenging the single bench order.
The BJP had moved the high court against a rejection by the Kolkata Police of its application for holding the November 29 meeting, which, the party said, is to be addressed by Amit Shah.
The saffron party had claimed in its petition that a previous application to organise the meeting on November 28 had also been rejected on the ground that it was not made within the stipulated time frame.
The division bench said that the single bench was fully justified in setting aside the rejection.
It found no ground to interfere with the order passed by the single bench.
The division bench noted that the single bench order also made it clear that the permission would be subject to reasonable restrictions.
It directed that since 28 terms and conditions have already been set out in the application format on the Kolkata Police website, those will be imposed, and the organisers would have to abide by these.
