In a massive blow to the Mamata Banerjee led TMC and a major shot in the arm for the BJP, the Calcutta High Court has allowed the BJP to hold three rath yatras in West Bengal. The TMC government in the state had earlier denied permission for the rath yatra in the state on account of ‘intelligence reports’ in connection with efforts to disrupt communal harmony over the rath yatra. This denial, prima facie, seemed capricious and arbitrary and the BJP had approached the High Court after the state government arbitrarily denied permission to hold the yatra.
In a letter to the BJP, the state government had stated, “The areas proposed to be covered by the yatra are, because of publicity and propaganda, gradually turning into communally sensitive pockets. Intelligence reports indicate that public perception is that the religious overtones of the yatra will be turned into communal propaganda. Furthermore, during the period cited, major festivals and events are scheduled, and it requires a heavy deployment of the resources of the government, including the police force. We are therefore of the opinion that, for the reasons which have been elaborately mentioned. It is not possible to allow the yatra as proposed by the BJP.”
This seemed like yet another dictatorial decision by Mamata Banerjee in the state of West Bengal. In the name of intelligence report and concerns of law and order, the state government denied permission to hold the rath yatra. It was an unreasonable and capricious decision. Moreover, it is not for the state government to deny holding a rath yatra even if there was a certain apprehension, (or misapprehension) of communal disturbance. The government and administration is not supposed to violate the fundamental right to freedom of speech. The West Bengal government passed an order for prohibition without even considering allowing the rally by providing any reasonable restrictions, in case there was an apprehension of breach of communal harmony. It was also observed that the threat to public peace should be real and not imaginary or a mere likely possibility. It is clear that the Mamata government in West Bengal simply denied permission even though there was no clear and present danger to communal harmony in the state on account of the rath yatra set to be carried out.
The High Court has also laid down certain terms and conditions. It directed the TMC administration to ensure that there is no breach of law and order. It also stated that the procession should not impede traffic and the BJP would be responsible for any damage to public property. The district authorities will also have to be informed at least 12 hours before the yatra begins. West Bengal BJP president Dilip Ghosh made it clear that the party will comply with the court’s directives. State BJP vice-president, Jay Prakash Majumdar said, “We have already prepared three dates for ‘ganatantra bachao yatra (save democracy rally)’ from Cooch Behar on December 22, from Kakdwip in South 24 Parganas district on December 24 and from Tarapith temple in Birbhum district on December 26 to protest against the Trinamool Congress government’s decision to deny permission for the rath yatra.”
It is clear that the TMC government had denied the BJP to carry out the rath yatra only because it was afraid about how it will affect the electoral equations in the state. This decision by the Calcutta High Court has come as a big setback for the Mamata Banerjee led TMC. It is going to boost the BJP cadres in the state of West Bengal and at the same time demoralise the TMC in a big way. It is now for the BJP to capitalise on the situation and ensure that it ends the dictatorial TMC regime in West Bengal.
