Proposed protests by Adibasi Kudmi Samaj for ST status illegal: Calcutta High Court

In a major setback for the Adibasi Kudmi Samaj, the Calcutta High Court on Tuesday held that the organisation's proposed "indefinite sit-in protest" starting from September 20 onwards, are illegal and unconstitutional [Purulia Chamber of Trade & Industry vs State of West Bengal]..The Kudmi community has been demanding reservation and is seeking inclusion of the community in the Scheduled Tribe list. The community had earlier this month, declared it would stage indefinite protests and block roads and railway tracks in and around Bankura, Jhargram, Purulia and West Midnapore districts. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya held that such proposed protests would be illegal and that the Kudmi community cannot hold the citizens to ransom."All that can be said is that the protest, which has been scheduled to be held from September 20, 2023 is illegal and unconstitutional. The said Samaj or its members do not have any vested right in blocking the roadways and railways causing inconvenience to several citizens not only confined to the four districts of West Bengal but also the three neighbouring States," the bench held. .The bench noted that earlier, two such agitations were held in September 2022 and April 2023. However, it did not get the desired results."Our prima facie view is that the Samaj and its members should not be permitted to hold the public at ransom by calling for an indefinite protestcommencing from September 20, 2023," the bench opined. .Further, the bench noted the submissions of Advocate General SN Mookerjee, who assured the bench that the State would be taking every step to ensure no untoward situation is caused.It is a matter of great concern, the bench said, while noting that the South-Eastern Railway had to cancel 39 trains in the first two such protests."Imagine the plight of people, who had booked their journey in those trains. Some of whom may have to travel for medical emergencies or for other exigencies relating to employment, education, etc. Thus, we are of the prima facie view that the Samaj and its members cannot hold innocent citizens to ransom by seeking to hold an indefinite protest by blocking the railways and the roadways," the Court said. .The bench, therefore, directed the State to deploy additional forces including specialised forces and forces from the neighbouring States of Jharkhand, Orissa and Chattisgarh if necessary, so that the influx of the protesters to the core area of the protest is prevented. "Checks and balances need to be maintained. The roads leading to the proposed site, where the protest is being scheduled to be conducted can be closely monitored and the flow of traffic can be prevented or estricted, unauthorised use of vehicles, goods carriages for transportation of passengers shall be prevented and / or other steps incidental to the same shall be adopted by the State," the bench ordered.The Railway Protection Force (RPF) shall also be sensitised and if additional deployment is required in the railway stations, the same shall also be requisitioned, the bench ordered. Further, the bench ordered the State to ensure no law and order situation is created and also asked the authorities to sensitise the protestors as to what is the forum before which they will have to agitate their grievance. .Senior Advocates Abhratosh Majumdar, Kishore Dutta along with advocates Kausheyol Roy, Niloy Sengupta, S Ganguly and Soumen Chatterjee appeared for the Petitioners. Advocate General SN Mookherjee along with advocates Supratim Dhar represented the State. .[Read Order]