The clash over setting up of a CPM book stall in Bongaon
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“It will send the wrong message that one organisation is being permitted whereas petitioner is not being permitted,” the judge said. The court also cautioned against a “pick and choose” policy, saying it could create “anarchy” and undermine democratic expression. The state sought a stay on the order, but the court refused. Download the TOI App.
The matter will be heard on Nov 23. On Oct 6, people allegedly associated with Hindu Jagran Mancha assaulted and threatened CPM workers while they were erecting a book stall outside the CPM party office, near a Durga Puja pandal. “Because others are merrily constructing and running their stalls, whenever the petitioner will, they will be prevented by others and police will become mute spectators.
Kolkata: Calcutta High Court on Thursday allowed CPM to set up a book stall within 100 metres of its Bongaon party office during Durga Puja , observing that “dissemination of different political thoughts and ideologies is welcome in democracy”. “When others are selling different items by erecting stalls during puja time at the locale, then CPM ought not be restricted from selling books,” the judge observed. “Clearly bias,” the judge remarked, questioning why one organisation could erect a stall while another was prevented. He said that if highway authorities opposed all stalls, police could be directed to remove every structure. “To run a JCB within 24 hours, everything will be dismantled,” he observed.
Justice Saugata Bhattacharyya directed the Bongaon SP and the inspector-in-charge of Bongaon Police Station to ensure that CPM workers could erect the stall and sell books without obstruction. Additional police personnel must be deployed, if necessary, to maintain peace. The SP was directed to submit an action-taken report. CPM claimed it had been running stalls there for decades. The mancha allegedly subsequently erected its own stall at the same location. The state, represented by advocate general Surajit Nath Mitra and additional advocate general Bilwadal Bhattacharyya, opposed the petition, arguing that the dispute concerned land rather than police action. The state had approached a division bench headed by Chief Justice Ravindra Vithalrao Ghuge, which returned the matter to the single bench. “The law doesn’t provide me (police authorities) with the power to ensure any construction. That’s the job of the civil court,” the AG submitted. The court questioned whether such a stand would encourage selective enforcement. If this stand is permitted to remain, it will create anarchy.
Senior advocate Bikash Ranjan Bhattacharyya, representing CPM, pointed out that the appeal before the Chief Justice had been filed by the Bongaon IC, who had been asked to clarify whether other stall operators had obtained permission.
“It is expected that the present ruling dispensation will create an atmosphere where persons owing allegiance to different political ideologies will not hesitate to express their views,” he added.