The Calcutta High Court was hearing an appeal moved by the West Bengal government challenging a single bench’s order allowing the BJP’s ‘Rath Yatra’.
Kolkata: The Calcutta High Court Friday quashed the single bench order that allowed BJP’s ‘Rath Yatra’ in West Bengal.
The Division bench comprising Chief Justice Debasish Kargupta and Justice Shampa Sarkar send the case back to the single bench to consider intelligence inputs by state agencies.
The two judges’ bench order came after hearing an appeal moved by the state government, challenging the Thursday order of the single bench.
The Calcutta High Court on Thursday gave the go ahead for the BJP’s ‘Rath Yatra’ in West Bengal, quashing the state government’s decision to refuse permission over apprehensions of communal unrest but set some conditions.
Among the conditions set by the court was that the BJP will be vicariously liable for any damage or loss of public property during the conduct of the yatra.
Also read: Calcutta High Court says can’t give permission to BJP rath yatra rallies after state refuses
According to official sources, the state government is likely to challenge the single bench order and the matter is expected to come up on Friday.
Rejecting the state government’s contention on its opposition to the yatra, the high court observed that courts can interfere if administrative authorities exercise their discretionary powers in a whimsical manner. The state BJP unit has been mechanically denied permission to organise the yatra, it said.
Appearing for the state, Advocate General Kishore Dutta had submitted before the court that it has limited scope of judicial review in an administrative decision to not allow the yatra on the basis of intelligence inputs and apprehensions of communal tension.
Welcoming the order, the BJP hit out at the ruling Trinamool Congress(TMC) in West Bengal for denying permission for its rally and questioned the “silence” of opposition on the issue.
The yatra christened the ‘Ganatantra Bachao Yatra’ (Save Democracy Rally) is scheduled to traverse across all the 42 Lok Sabha constituencies in the state.
According to BJP sources, party national president Amit Shah will flag off all the three yatras.