KOLKATA: The state government’s image took a beating on Friday as Calcutta high court appointed special officers to consider BJP’s application for the Amit Shah rally on Sunday. An elated BJP declared it a “historic victory” for the party, and chief minister Mamata Banerjee’s “defeat”.
“Aaj court-e jitechi, kal vote-e jitbo (We won in court today. Next, we will win the election),” said state BJP chief Rahul Sinha.
BJP approached the court on Friday morning — the third time in about 10 days — after Kolkata Municipal Corporation and the fire department rejected their plea for the rally near Victoria House citing “deficiencies”, like failing to mention the width of the staircase to the dais. Justice Debangshu Basak appointed the DG-fire services and joint commissioner-development of KMC as special officers and asked Kolkata Police commissioner to depute an officer to ensure that BJP complies with rules.
Late evening, fire services counsel Pranab Dutta sought a stay on Justice Basak’s order following an oral appeal to Chief Justice Manjula Chellur. She refused to pass an order based on verbal petition and asked Dutta to file a formal application with her secretary. However, till late evening, the court order had not reached the counsel. Without it, the government cannot file an appeal.
It’s a race against time as the government must appeal before 10.30am on Saturday — that is when the court has ordered the special officers to meet BJP representatives. BJP, too, is under pressure as it has only about 36 hours to complete all formalities and hold the rally.
There were some sharp exchanges during the hearing in Justice Basak’s court. The judge observed BJP can be given some leeway as it was the “first instance” when a political party wants to hold a meeting observing law. An elated Rahul Sinha said, “This observation of the court makes us proud. It is a historic victory for us. Trinamool had brandished black umbrellas in Parliament. Today, it has blackened its face.”
In court, BJP counsel S K Kapoor said the government’s argument followed neither fact nor law. The court said BJP’s applications to KMC and fire department were not in order. Kapoor assured that his client will comply with rules to ensure the rally is held on November 30.
While rejecting BJP’s plea, the fire department had said there must be “minimum 20 feet clear open space” between the boundary wall and the proposed stage. Advocate Dutta said an inspection showed three structures within 20 feet of BJP’s proposed dais — Sir Ashutosh Mukherjee’s statue, fencing along Bentinck Street and a road divider. The judge asked how many structures in Kolkata are built in compliance with this rule and what action has been taken against offenders. Justice Basak remarked, “Your objection would have more substance if your rules and regulations were applied with such vigour in all cases.” The court asked officers to take a reasonable call on the 20-feet space rule.
Additional advocate general Asoke Banerjee argued that right to assembly at “a particular place” cannot be claimed as it is not a private property. He said BJP was given ample opportunity but could not satisfy the conditions. Pointing out that the court had asked BJP to comply with KMC and fire service rules to obtain their go-ahead, Banerjee said, “If they have not complied with the court order, will the court again come to the rescue?” He also questioned the jurisdiction of court to hear the case.
Justice Basak observed that the government’s action was such that they (BJP) had to approach the court. Asserting that the court’s jurisdiction was indisputable, the judge asked the government if the proposed venue is out of bounds for meetings. If not, then meetings can be held subject to compliance, the court observed.
After the court’s order, BJP national secretary Siddharth Nath Singh said, “The November 30 rally will be held and the Trinamool government will be responsible for the consequences.” KMC’s reasons for refusing permission were frivolous, he said. “Who is the one directing Kolkata Police from behind? Why is the Trinamool government refusing permission for Amit Shah ji’s rally at the venue where Mamata Banerjee has held rallies in the past? ”
BJP’s growth in Bengal has shaken Trinamool, said Sinha. “The desperate move to deny our democratic right to hold a rally will boomerang on Trinamool and Mamata Banerjee,” he warned.
TOI | Nov 29, 2014
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