Calcutta High Court allows VHP, Bajrang Dal to proceed with Shourya Jagran Yatra in West Bengal

The Calcutta High Court on Wednesday permitted the Vishwa Hindu Parishad (VHP) and the Bajrang Dal to proceed with its nationwide rally - Shourya Jagran Yatra through West Bengal [Chandan Kaity vs State of West Bengal]..Justice Jay Sengupta allowed the four separate petitions filed by members of the two saffron outfits, who challenged the decision of the State Police authorities denying them permission to proceed with their procession in certain districts. The judge observed that it would be presumptuous to think that rallies would be needed to infuse patriotism in the citizenry but all the same, the petitioners have the right to hold such rallies."The people of India, that is Bharat, are a patriotic lot. West Bengal is no exception to this. In fact, the State had immense contribution in the freedom struggle against the British. Therefore, it would be too presumptuous to suppose that rallies would be required to infuse a spirit of patriotism in the people of Bengal," the judge observed.The judge, however, noted that the purpose of the rally in question was not being tested in the present litigation."The petitioners do have a right to hold such rallies. It would be a part of their right to freedom of speech and expression as guaranteed by our Constitution," the Court held.The nationwide rally is planned to pass through West Bengal from October 4 to October 8..The Court allowed the procession but imposed certain 'reasonable restrictions.'"No provocative slogans or abusive language shall be used by the participants. No one will hurt the religious sentiments of any other community. If loudspeakers are used, the prescribed sound limits are to be adhered to. No weapons will be carried by any of the participants," the bench ordered.The participants shall use the State highways while travelling. At any point, the participants shall not occupy more than half of a road, the bench made it clear. .The petitions were filed by three members of VHP and Bajrang Dal, Chandan Kaity, Amit Pramanik and Debjit Bhar, through advocates Phiroze Edulji and Anamika Pandey.The petitioners submitted that the peaceful rally was aimed at promoting awareness about Hinduism and the sacrifices made by freedom fighters. No arms or weapons will be carried by any of the members of the Vishva Hindu Parishad and the Bajrang Dal, the petitioners had assured."This Yatra is intended to spread the awareness about the various issues relating to 'Hinduism'. It also intends to honour various freedom fighters, who laid their lives for the country, protecting Hindu religion and Hindu culture. It will pass through various sites which have religious and historical importance," the petitioners said..They further underscored that it is important to re-awaken the spirit of nationalism among the citizens."It is important to remind people that behind the August 15, 1947 independence, there lies a chaotic history of battles, uprisings and movements, which should not be forgotten. British Colonialism in the country was a human tragedy with few parallels in the recorded history," the petitions stated. .British colonialism not only scarred our people by partitions, atrocities, social subjugation and economic deprivation but also debilitated and devastated the very idea of Bharat which our brave freedom fighters helped to rebuild, the petitions added.The petitioners also assured that a maximum of 200 members of the VHP and the Bajrang Dal are likely to participate in this Yatra and that only 3 trucks and 20 motorbikes would be plied..Advocates Phiroze Edulji, Anamika Pandey, Amrita Pandey, Manabrandra Bhattacharya, G Pandey and Sneha Singh appeared for the Petitioners.Advocate General SN Mukherjee along with Advocates A Roy, Samrat Sen, Amal Kr Sen, Sumon Sengupta and Lal Mohan Basu represented the State..[Read Order]