The West Bengal government has moved the Calcutta High Court’s division bench against an order allowing the Communist Party of India (Marxist) to set up a book stall in Bongaon during Durga Puja, with an urgent hearing scheduled for 16 October.
The application will be heard by Chief Justice Rabindra V Ghughe’s bench at around 11.15am on Shashthi, according to information cited by Anandabazar. The division bench is considering the state government’s challenge to an order passed by Justice Sougat Bhattacharya’s single bench.
The single bench had directed the police superintendent concerned and the officer-in-charge of the relevant police station to provide the necessary permission for the CPI(M) stall. The order stated that the party should be allowed to set up the stall within 100 metres of the location it selected.
The court had also directed the authorities to make the required security arrangements. Justice Bhattacharya had sought a report from the police superintendent on whether the stall had been established in accordance with the court’s directions.
The single bench has listed the matter for its next hearing on 23 November. Before that date, however, the state government approached the division bench and requested an urgent hearing against the order.
The state’s challenge also raises a question about the assignment of the case under the High Court’s roster. According to the report, the state government has argued that Justice Bhattacharya’s bench could not hear the matter because the roster assigns it cases concerning police inaction or overaction.
West Bengal’s Advocate General Surajit Nath Mitra has argued that the dispute over the CPI(M)’s book stall has no connection with police inaction or overaction. The state has therefore challenged the single bench’s involvement in the case while seeking consideration by the division bench.
The immediate issue before the division bench is whether to interfere with the earlier directions concerning permission, location and security for the stall. The scheduled hearing will also determine how the court handles the state’s roster-related objection while the single bench matter remains listed for 23 November.
