The Calcutta High Court has directed the State authorities to provide protection to the party office of BJP which had organized the 'Nabanna Abhiyan' protests against the government on certain issues. The Court has also directed State authorities to ensure no person is unnecessarily detained in connection with the rally.

"The State authorities will ensure protection of party office of the political party which had organized the rally. The State authorities will also ensure that no unnecessary arrest is made and no person is unnecessarily detained in connection with the rally", the bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj held.

This came after a public interest petition was filed by one Sukanta Ghosh with the grievance that on September 13, 2022 the Karyakartas of BJP West Bengal had organized a peaceful protest on certain issues and that they were restrained from boarding buses, trains or other public transports and were forcibly prevented from participating in the rally.

Advocate Subir Sanyal along with 27 other lawyers appeared for the petitioner.

The counsel appearing for the petitioner submitted that all leaders of the party, who organized the rally, have been arrested. He further submitted that one of the leaders received head injury and that the party office was likely to be ransacked by unwanted elements.

Advocate General S. N. Mookherjee vehemently opposed the petition. He submitted that restrictions under Section 144(1) of the Cr.P.C. was in force in the town of Howrah from July 20, 2022 to September 17, 2022 and violation thereof was not permitted. He also submitted that permission for the rally proposed was not granted.

"This Court at this stage need not go into the allegations and counter-allegations of the counsel for the parties. Undisputedly peace and tranquillity is required to be maintained. Considering the aforesaid, learned Advocate General has fairly stated that the leaders who are arrested, they will soon be released on the personal bond.", the Court observed before directing protection to the party office of BJP.

Cause Title- Sukanta Ghosh v. State of West Bengal and others

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Calcutta High CourtChief Justice Prakash ShrivastavaJustice Rajarshi Bharadwaj

Ashish Shaji