Calcutta Ngo Moves Court Against Political Rallies

The days of political rallies look numbered. After the chambers of commerce in Kerala, it is now the turn of an NGO in Calcutta seeking relief from the judiciary on behalf of the hapless citizens against indiscriminate political rallies that throw normal life out of gear.

Concern for Calcutta, a city-based NGO, has filed a writ petition in the Calcutta High Court seeking the courts intervention ensuring the citizens right to free movement when political parties organise rallies paralysing normal life. The court has also been requested to ensure that public transport including buses and trains are not taken over by the processionists who prefer free ride.

The case expected to come up for hearing in the next few days should be cause for concern for all political parties who have been showing scant regard for the common citizens rights of free movement and travel. Coming close on the heels of the Kerala High Court judgement, the case may result in a virtual ban on indiscriminate blocking of roads by the political parties.

The case could not be better timed specially in view of the programme of the firebrand Congress leader Mamata Banerjee to organise nine large processions on August 9 in different areas of Calcutta which will finally converge in central Calcutta throwing out of gear normal life in the city.

The case has been lying before the court for the last 15 months as the respondents have not appeared before the court despite issue of notices. Concern has threatened to move contempt proceedings for the failure in appearance, and, would also move for exparte hearing in case the respondents again fail to appear.

Concern had filed its application in early 1996 following which notices were issued on respondents in April and May last year. The list of 14 respondents is colourful ranging from the Election Commission, Union of India, Government of West Bengal, Commissioner of Police, Calcutta), Deputy Commissioner of Police (Traffic), Calcutta, BJP, Congress, CPI, CPM, Janata Dal, Janata Party, Forward Block and the Revolutionary Socialist Party.

The Concern president, Khokan Mookerji said on Wednesday that the justice Prabir Kumar Samanta took up the matter for hearing on December 16. As only the West Bengal government lawyer was present among the respondents, the judge directed filing of affidavit in eight weeks and reply thereto in two weeks. As the case came up on July 31, it was discovered that neither anyone appeared for the respondents nor any affidavit has been filed. Fresh notice was issued in February this year. The matter again came up on July 31. No one appeared. Fresh notices will now be served.

Mookerji said that he expected the case to come up for hearing in the next 10 days when Concern would consider moving contempt petition against the respondents for their repeated failure to appear.

Mookerji said, It is a matter of great shame that the parties who swear by democracy do not have the slightest regard or respect for the process of law and are deliberately ignoring the proceedings.

He congratulated the chambers of commerce in Ernakulam for moving the Kerala High Court seeking ban on bandhs and indiscriminate processions. Concern, he sad, would like to be included as a party if political parties move the Supreme Court against the Kerala High Court order.

Concerns application under article 226 of the Constitution states that use of public transport system for political purpose was violative of articles 14 and 19. The authorities must ensure that rights of bonafide railway passengers are not trampled upon by political rallyists. The respondent authorities, it was alleged, were making hostile discrimination between ordinary citizens and the participants in political rallies.

The right of political parties propagate their message cannot outweigh the right of ordinary men to lead a normal life and the right of free movement as guaranteed by the constitution, says the affidavit.