Hanuman Jayanti procession: Calcutta High Court asks all political leaders to refrain from making public statements

The Calcutta High Court Wednesday asked all political leaders from the ruling as well the opposition parties to refrain making any statement with regards to the Hanuman Jayanti festival, which will be celebrated on Thursday [Suvendu Adhikari vs State of West Bengal]..A bench of acting Chief Justice TS Sivagnanam and Hiranmay Bhattacharyya considered the 'sensitive situation' in various parts of West Bengal after the sudden violence that broke out during the Ram Navami celebrations in Howrah and Dalkhola districts and the fact that over 2,000 applications have been made for carrying out processions on Thursday for celebrating the Hanuman Jayanti."Considering the sensitivity of the problem, this court directs that no person either a political personality or a leader or even a common man shall make any statement in public or to the media concerning the festival to be celebrated tomorrow," the bench ordered.This came on the submissions made by advocate Priyanka Tibrewal, who pointed out that Chief Minister Mamata Banerjee had made 'inflammatory speech' against Hindus by asking them to 'protect' the Muslims, who are observing the holy month of Ramzan..Tibrewal contended that Banerjee has divided the State into that of Hindus and Muslims and being the CM she has been biased against Hindus."How can a CM make such biased statements against one particular community? She cannot be biased against one community," Tibrewal submitted.She even took offence to the submissions of Advocate General (AG) SN Mookerjee, who told the bench that the carrying out processions during Ram Navami and Hanuman Jayanti have now become a fashion in the State though such festivals were never celebrated earlier. "I would like to say that Ram Navami and Hanuman Jayanthi have not been so common in West Bengal. Durga Pooja and Kali Pooja yes, have been much common. But now from last five years some unknown organisations are also putting in their applications for permission," the AG submitted. Countering this, Tibrewal said, "Can we say so for a community? If it's a fashion and people are on the streets can we stop them? Can they say that the same conditions will apply on processions of Muharram or Eid?"At this, ACJ Sivagnanam responded, "Obviously. Nobody has got a right (to carry out religious processions). You are entitled for free movement and if that is going to hamper (others), definitely State can put restrictions. It will apply on all rallies and processions be it religious or political."Tibrewal urged the bench to order deployment of additional force in the affected areas in the State especially for Thursday's celebrations. "It is needed to ensure that people come on streets later and can freely say Jai Hanumanji Ki," she urged..Meanwhile, the AG apprised the bench of the measures the State was proposing to take to prevent any untoward incident during such processions. He told the bench that when a person applies for permission, his/ her organisation would be held responsible for the breach of any of the 27 conditions being imposed for carrying out the process as this will ensure accountability from their end."The start and end time will be fixed and it cannot go beyond the permitted time. For tomorrow's Hanuman Jayanthi processions, over 2,000 permissions have been sought. Time is too short for us to barricade the routes so we will consider reducing the route and barricade only sensitive areas," the AG submitted.Participants and the applicants will have to ensure that they do not deviate from the route, he added."Their start and end points must be the same and they cannot start from 10 different lanes and end at different points. They may ask for 7km etc route but we will give discretion to the police to decide the length of the route," the AG added.Further pointing out that the Ram Navami and Hanuman Jayanti celebrations have now become a fashion in the State, the AG said the State must be given the liberty to consider only the applications of those organisations which have been permitted to carry out the processions since last five years. ACJ Sivagnanam agreed that many such processions were taking shape in the recent past. "Probably an influence from West (India). But once it has come to State it has come to it and will be there. All that we need to ensure is there is no breach of peace. Given the magnitude of participants, State police force won't be adequate. You can seek assistance from neighbouring States for Paramilitary forces. Not taking that help there is a failure on the part of the State," the ACJ remarked..During the course of the hearing, the bench also highlighted the letter written by a sessions judge from Rishra district, which recently witnessed some violent clashes. The letter, the Court pointed out, was written to the Registrar General seeking the High Court's intervention as the concerned judge was denied any sort of help from local administration or the police force. The letter stated that some 'anti-social elements' have been roaming freely on the streets of Rishra and were planning to target a Lord Hanuman temple near the judge's residence."Now what happens is all these judges reside in these areas and they have to go to work. You (State) said you have arrested some people and they will have to be brought before the judges for remand etc. Then the surcharge atmosphere will also get into the court complex. Something needs to be done on this. You need to provide them apt security so that they can perform their duties," the ACJ told the AG..Considering the submissions advanced, the bench ordered the State to request the Central government to provide paramilitary force."We are of the view that more stringent conditions are required to be imposed on those seeking to carry out processions. Police is at liberty to restrict the number of participants so that procession is performed with pure religious fervour and with no political affiliations," the bench said.Some lawyers even pointed out that at some places during the Ram Navami violence, stones were being pelted from the roof tops of buildings, which indicated that it was a 'pre-planned attack.'"It is noted from the record, stones were pelted from roof tops, had the Police intelligence wing been more careful such pre-planned attacks could have been averted. Therefore, the intelligence wing of the State be strengthened and all steps be taken to avert any such pre-planned attacks and violence," the bench ordered.A further directive was issued to the State Police to carry out 'peace march' in all the affected areas to assure and reassure the citizens that they are safe and the situation is under control.