KOLKATA: The Calcutta High Court on Friday declined to impose any prohibitory order on the Nabanna march, a protest organized by the Paschimbanga Chhatra Samaj, scheduled for August 27. The protest march is set to head toward Nabanna, the office of West Bengal Chief Minister Mamata Banerjee.
Court’s decision
A division bench comprising Justice Harish Tandon and Justice Hiranmay Bhattacharyya delivered the order while acknowledging the Supreme Court’s stance on the right to peaceful protest as a fundamental aspect of civil society. The bench emphasized the need to balance this right with concerns about public peace, safety, and convenience.
In its ruling, the court refrained from imposing an outright ban on the protest march. However, it directed the organizers of the march to clarify their position within three days, considering the potential impact on public order and the convenience of the general public.
Petitioner’s concerns
The court’s order came in response to a petition filed by a high court lawyer and Howrah resident, who expressed concerns about the proposed rally’s impact on the area. The petitioner argued for reasonable restrictions on the rally, noting that the march route connected National Highway 117 and passed by several schools, hospitals, colleges, and other public institutions.
Counsel for the petitioner, Jaydip Kar, cited last year’s violence in the same area as a reason for concern. He urged the court to consider the potential for disruption and violence, given the previous incidents. Kar also highlighted that the UGC-NET examination was scheduled across the country on the same date, adding to the need for caution.
“The right to protest is subject to reasonable restrictions,” Kar argued, urging the court to strike a balance between the right to protest and the rights of others who might be affected by the march. He sought the imposition of restrictions rather than a complete ban on the rally to ensure that public order and safety were maintained.
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State’s response
Justice Tandon, addressing the issue of maintaining public order, stated that it was the responsibility of the state government to take adequate measures to ensure peace during the protest. “Maintaining public order is the state’s prerogative. They have to take adequate measures. That is their duty,” he remarked.
In his virtual appearance, Advocate General Kishore Datta argued on behalf of the state, explaining that the government could not exercise its regulatory powers because the organizers had not formally applied to the police for permission to hold the rally. The lack of an official application meant that law enforcement agencies were not in a position to regulate the protest under the usual protocols.
Datta pointed out that the call for the Nabanna march was disseminated through social media, complicating the state’s ability to manage the situation proactively. He emphasized that Nabanna, being a “public premise,” is subject to specific legal regulations that do not automatically allow for protests to be held on its grounds.
“The challenge today is that an unknown group of people has given a call for the Nabanna march when the place is under prohibitory orders,” Datta stated. He further noted that the UGC-NET examination, scheduled for August 27, coincides with the protest, which could lead to significant disruptions.
The Calcutta High Court’s decision not to prohibit the Nabanna march reflects the judiciary’s effort to uphold the constitutional right to peaceful protest while also addressing concerns about public safety and order. The court has placed the onus on the state government to manage the situation effectively and has asked the organizers to clarify their intentions. As the date of the protest approaches, all eyes will be on how the situation unfolds, particularly given the tensions surrounding the event and the potential for disruption in a sensitive area.
