BJP rathyatra plans delayed as SC asks for fresh approvals from state government

The proposed "Rath Yatras" of the BJP in West Bengal were put on hold on Tuesday by the Supreme Court, which asked the party to seek a fresh approval from the Mamata Banerjee government in the state by submitting a revised proposal. The apex court, however, allowed the West Bengal unit of the Bharatiya Janata Party (BJP) to continue with its proposed public rallies and meetings under its "Ganatantra Bachao Yatra". As regards the non-grant of sanctions by the authorities for taking out the statewide "Rath Yatras" (chariot marches), a bench headed by Chief Justice Ranjan Gogoi said, "Looking into the details of the proposed Rath Yatras and the order of the state government dated January 14, 2019, we cannot say that the apprehensions expressed by the state government are totally unfounded.

"It is for the state government to maintain law and order in the state and the apprehensions expressed in the order will have to be addressed by the petitioner in a reasonable manner." The bench, also comprising justices L Nageswara Rao and Sanjay Kishan Kaul, noted the state government's submission that it had no objections in holding of public meetings and rallies and had merely sought the details and schedules of such meetings and rallies from the BJP. As regards the "Rath Yatras", the bench asked the Trinamool Congress (TMC) government in the state to consider the fresh, revised proposal of the saffron party, keeping in mind the fundamental right of freedom of speech and expression guaranteed under the Constitution. "Once such a proposal is submitted, the state government will consider the matter and pass appropriate orders, keeping in mind that the present involves a case of exercise of the fundamental rights, inter alia, under Article 19(1)(a) of the Constitution of India.

It is in that spirit that we expect the state government to deal with the matter on receipt of such revised proposal as may be submitted," it said. The top court said the state government should respond to the revised proposal of the BJP with "utmost expedition", keeping in mind that with the commencement of the CBSE and other board examinations, the use of loudspeakers might be banned. The apex court had earlier sought the state government's response on the BJP's plea seeking permission to take out "Rath Yatras" in the state. The Bengal BJP had challenged the December 21 order of a division bench of the Calcutta High Court, which had set aside the order of a single-judge bench allowing the processions. It had also asked the Bengal BJP to submit a revised plan for its "Save Democracy Rally" for the state government's consideration.

The saffron party has now decided to cut short its 40-day programme to 20 days and the fresh "yatras" will start from Baharampur in Murshidabad district, Diamond Harbour in South 24 Parganas district, Medinipur and the Kolkata North Lok Sabha constituency, a lawyer associated with the matter said, adding that the decision was taken in view of the upcoming school examinations and the general election. Earlier, the Bengal BJP had approached the apex court, seeking permission to take out the rallies, which would cover all the 42 parliamentary constituencies in the state. In its plea, the saffron party had said their fundamental right to hold peaceful rallies could not be withheld.

(With inputs from agencies.)