Calcutta High Court Stays Its Previous Order Which Allowed BJP’s Rath Yatra In West Bengal

One of the divisions of the Kolkata High Court has stayed its earlier order, given by a single-judge bench. The judgement given on 20 December (Thursday) upheld the Bharatiya Janata Party’s (BJP) Rath Yatra to be held in West Bengal against ban of the state government.

The division bench of Chief Justice Debasish Kar Gupta and Justice Shampa Sarkar observed that the single-judge bench has to go through the reports in order to pronounce an objective order.

The Trinamool Congress (TMC) led state government had twice denied permission to BJP to carry on the Rath Yatra, citing that it is a ‘communal propaganda’ and that it will cause congestion, on the roads, as many festivals collide with the Yatra, against which the saffron party had moved the court.

The stay order comes as a disruption to the BJP’s Rath Yatra plan. “The division bench has not disallowed the yatra. Our legal battle will continue. So will our agitation and programmes in different districts,” said Dilip Ghose, BJP Bengal unit President as reported by Hindustan Times.

The Mamata Banerjee-led government was heavily criticised by the single judge bench of Justice Tapabrata Chakraborty, on Thursday, for out-rightly rejecting BJP’s programme in a ‘whimsical and unreasonable manner.’

On the other hand, Abhishek Singhvi, Congress Member of Parliament (MP) and Lawyer, representing the West Bengal police, claimed that the single bench of Justice Tapabrata Chakraborty did not investigate the intelligence reports which were submitted in a sealed envelope before passing the order.

The Court will resume from 2 January after Christmas break. Furthermore, there is a vacation for a day in between which reduces the chances of the matter being heard before January.