Justice Debangshu Basak observed that the right of a political party to hold rallies cannot be denied after the state authorities refused permission for the rally by Bharatiya Janata Yuva Morcha (BJYM) in view of the Gangasagar Mela.
The BJYM motorbike rally named 'Pratirodh Sankalpa Abhiyan' to mark Swami Vivekananda's birth anniversary, is scheduled to be held from January 12 to January 18 and would travel from Contai in East Midnapore district to Coochbehar in the north.
Noting that permissions have been granted to rallies by the state government as well as the ruling Trinamool Congress to be held on January 12 on the occasion of Vivekananda's birth anniversary, the court observed that the state should not discriminate in granting permission.
Advocate General Kishore Dutta had contended that a large number of police personnel have to be mobilised from all over the state for the maintenance of law and order and smooth organisation of the Gangasagar Mela.
He submitted that apart from the two rallies granted permission every year, it would not be possible to spare police personnel for any additional rally.
Dutta suggested that the BJYM hold the rally after January 26, but it was rejected by the petitioner.
Observing that administrative inconvenience cannot stand in the way of application of law, Justice Basak noted that routes of the rally and the mela-bound pilgrims might overlap at a few places but not to the extent of blocking movement.
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