The Supreme Court Thursday agreed to hear on January 7 the West Bengal BJP’s plea against a Calcutta High Court order not allowing its Rath Yatra in the state. The matter was mentioned for urgent hearing before a bench comprising Chief Justice Ranjan Gogoi and Justice S K Kaul which agreed to hear it on January 7.
The party had approached the apex court seeking permission to hold the campaign ‘Save Democracy Rally’, which would cover 42 parliamentary constituencies in the state ahead of the 2019 general elections. It had challenged the December 21 order of a division bench of the high court which had set aside the order of a single judge allowing the yatra.
In the plea, the BJP had said that their fundamental right to hold a peaceful yatra cannot be withheld.
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The party had planned to launch the yatra from three districts of the state. The high court’s division bench had earlier sent the case back to the single judge to hear it afresh and also to consider intelligence inputs by state agencies.
The order of the division bench had come after hearing an appeal moved by the West Bengal government challenging the order of the single judge. The rallies, according to the original schedule, were supposed to be flagged off by BJP president Amit Shah from Bengal’s Cooch Behar district on December 7, Kakdwip in South 24 Parganas on December 9 and from Tarapith temple in Birbhum on December 14.
In the plea filed in the apex court, the BJP’s West Bengal unit had contended that authorities cannot abridge their right and they have a duty to facilitate them in exercising their democratic right.
The plea had alleged that the state government was repeatedly “attacking” the fundamental right of citizens due to which different petitions were filed challenging the activities of the state government in denying permission to different organisations and the top court has allowed the citizens to organise their events.
It had claimed that earlier also, permission was denied several times at the last moment to “harass the BJP” which later moved the high court and that the party “is facing such political vendetta since 2014 in West Bengal”.