Calcutta High Court restrains BJP Rath Yatra in West Bengal after State’s appeal

Following an urgent appeal made by the State Government of West Bengal, a Division Bench of the Calcutta High Court has restrained the Bharatiya Janata Party (BJP) from conducting its ‘Rath Yatra” programme..Only yesterday, Justice Tapabrata Chakraborty had allowed the BJP’s plea to hold the Yatra, setting aside the decision of a state government panel against the same. While allowing the plea, the Court had directed that the state should ensure that law and order is maintained during the programme..After the state filed an appeal on urgent basis on Thursday, a Division Bench of Chief Justice Debasish Kargupta and Justice Shampa Sarkar today overturned the single judge decision. .The Division Bench found that the Single Judge’s order allowing the rallies did not take into account over 30 intelligence reports indicating that the same was likely to affect the communal peace..“The order of the learned Single Judge was not based on materials on record or, in other words, the relevant facts and materials were not taken into consideration before arriving at the ultimate conclusion…. the order impugned in this appeal required consideration de novo taking into consideration the aforesaid intelligence outputs.“.Opining that the Single Judge ought to have considered the intelligence reports, the order passed disregarding the same was quashed. The matter was remanded back to the Single Judge with a direction that the it be reconsidered after taking into account the intelligent reports. As stated in the order,.“The writ application is remanded back to the learned Single Judge for consideration of the limited questions as to whether there were adequate materials on record to arrive at the conclusion that it was not possible to allow the yatras/rallies as proposed by respondent No. 1, with the hope and trust that the writ applications will be disposed of expeditiously.“.The programme was initially scheduled to be flagged off on December 7. However, the plan was stalled after another single judge of the High Court denied permission. After the BJP appealed against the same before a Division Bench, the Court had directed the state government panel to take a call by December 14. This panel had concluded,.“The areas proposed to be covered by the Yatra are, because of publicity and propoganda, gradually turning into communally sensitive pockets. Intelligence reports indicate that the public perception is that the religious overtones of the Yatra will be turned into communal propoganda. Intelligence reports also indicate that in several districts, organisations with overtly commandant agenda such as RSS, Banjrang Dal and VHP would actively join the Yatra. There is grave apprehension of major breach of peace and communal violence during and in the aftermath of the Yatra.“.The panel, therefore, took the view that the Yatra proposed by the BJP should not be conducted as the same would disturb the communal peace. The BJP had thereafter approached the Court again challenging this panel decision. .Read Order