No Rath Yatra in West Bengal till BJP can satisfy State govt on law and order apprehensions: SC

The Supreme Court today ordered that the Bharatiya Janata Party (BJP) cannot hold its proposed Rath Yatra in West Bengal unless it can satisfy the state government’s apprehensions on law and order issues..The order was passed by a Bench of Chief Justice of India Ranjan Gogoi and Justices L Nageswara Rao and Sanjay Kishan Kaul..The Court ordered that the BJP can submit a fresh proposal satisfying the State’s apprehensions. Public meetings have, however, been allowed, and the restriction is only on the moving Rath Yatra..The Court effectively upheld the order of a Division Bench of Calcutta High Court which had upheld the State government’s decision to deny permission for the Rath Yatra..When the matter was heard today Senior Advocate Mukul Rohatgi, appearing for BJP, submitted that the case involves a Constitutional question and the State was infringing upon the petitioner’s fundamental right under Article 19(1)(a)..“State is acting contrary to my Fundamental right under Article 19(1)(a). State is saying rally will become communal. How can they say so? We are a responsible party. Before the elections, they want to stop me from exercising my right”, he submitted..He also rubbished the intelligence reports relied on by the State to the extent of terming it ‘bogus’..“I am before the highest court to say that my right should be protected. The so-called reports that they are relying on are all bogus reports.”.Senior Advocate Abhishek Manu Singhvi, representing the State of West Bengal, countered the arguments of Rohatgi stating that the State had no qualms in giving permission for public meetings organised by the petitioner. However, the issue was with respect to moving yatra. The proposed Rath Yatra involves procession from four different parts of the State covering the entire State. It is likely to pass through communally sensitive areas. The State does not have the bundobast for dealing with a moving Yatra, Singhvi said..“Initially permission had been given for 150 meetings provided details of the venue are submitted. Subsequently, it was informed to us that it was a moving Yatra. Then we sought reports from Police in each district who said that such a moving Yatra will cause communal problems..The meetings are not an issue, it is the moving Yatra which is passing through communally sensitive areas which is a problem. We don’t have the bundobast for it.”.The Court then proceeded to pass the order. It recorded the submissions made by Singhvi regarding the Yatra..“So far as the Rath Yatras are concerned, there appears to be some objections of the State Government. Shorn of details, the Rath Yatras contemplate simultaneous processions from four different parts of the State, covering all the 42 Parliamentary Constituencies in a total period of 20 days. A minimum number of 2000 people is expected to join each of the Rath Yatras proposed. The Rath Yatras naturally would cover the entire length and breadth of the State and would pass through different areas inhabited by different communities. The extent to which the Rath Yatras have been planned, the details of which have been submitted to the Government, has led to certain apprehensions in the mind of the Government as to the possible effect of the Rath Yatras on the law and order situation in the State. .Considering the details of the proposed Rath Yatra, the Court said that the apprehensions of the State of West Bengal regarding the Rath Yatra are not totally unfounded..“Looking into the details of the proposed Rath Yatras and the order of the State Government, dated 14.1.2019, we cannot say that the apprehensions expressed by the State Government are totally unfounded. It is for the State Government to maintain law and order in the State and the apprehensions expressed in the order will have to be addressed to by the petitioner to the Government in a reasonable manner.”.Hence, it ordered that BJP will have to satisfy the State about the apprehensions of law and order by submitting a fresh proposal if it wanted to conduct Rath Yatra. The Court also said in its order that the State government will have to deal with the fresh proposal keeping in mind that the case involves exercise of fundamental rights under Article 19(1)(a)..“Insofar as the Rath Yatras are concerned, it will be open for the petitioner to submit a further modified proposal, which meets and answers the apprehensions of the State Government, so far as maintenance of law and order is concerned. Once such a proposal is submitted, the State Government will consider the matter and pass appropriate orders keeping in mind that the present involves a case of exercise of the fundamental rights, inter alia, under Article 19(1)(a) of the Constitution of India. It is in that spirit that we expect the State Government to deal with the matter on receipt of such revised proposal as may be submitted.”.Interestingly, the court also ordered that any revised proposal submitted by the petitioner will be responded to by the State Government with utmost expedition, keeping in mind that with the commencement of the Board examination of CBSE and other Boards, the use of loudspeakers etc. may be banned..It then proceeded to dispose of the matter. However, it also made it clear in its order that State government should permit all public meetings and rallies proposed to be held by the BJP provided adequate and timely information and schedules of such meetings, rallies etc. are furnished by the petitioner..BJP had approached the Supreme Court in appeal after a Division Bench of the Calcutta High Court had upheld the decision of the State government to refuse permission for the Rath Yatra. Single Judge Bench of the High Court had allowed the Yatra to be held, while directing that the state government must ensure maintenance of law and order..This decision was challenged by the state government before a Division Bench, which overturned the order of the single judge leading to the appeal in Supreme Court..Read the Order: