The Calcutta High Court has sought a police report on permissions granted to political organisations seeking to set up book stalls near a Durga Puja pandal in Bongaon, North 24 Parganas, after the Communist Party of India (Marxist) alleged that it was denied permission this year.
Justice Sougata Bhattacharya questioned the objection to the CPM’s proposed book stall during Wednesday’s hearing. “You are not setting up a lottery shop there. You are setting up a bookshop. What is the problem?” he observed, according to the report before the court.
The court also raised concerns over the unequal treatment of organisations using the venue. Justice Bhattacharya said that allowing one organisation to establish a stall while denying the same opportunity to others was not appropriate. He added that the voice of opposition political parties should not be suppressed in this manner.
The CPM approached the High Court claiming that it had been putting up book stalls in front of the Durga Puja pandal in Bongaon for several years, but that permission had suddenly been withheld this year. During the hearing, the party’s counsel argued that other organisations had been allowed to operate stalls at the same location.
The CPM also told the court that a pro-Hindu organisation had received permission to set up a book stall at the venue. It questioned whether the other organisations, apart from the CPM, had obtained the necessary approvals to operate their stalls.
The dispute also involves the authority responsible for approving use of the land. Advocate General Surajit Nath Mitra, appearing for the state, argued that the land belonged to the Public Works Department and that the CPM had applied to the Sub-Divisional Magistrate rather than approaching the PWD for permission.
Mitra further contended that the case did not concern police inaction or excessive police action and therefore should not be heard by Justice Bhattacharya’s bench, which currently deals with matters involving such issues. He requested that the petition be assigned to the appropriate bench under the High Court’s roster.
The Advocate General maintained that matters involving the Sub-Divisional Magistrate or the PWD should not be heard by the present bench. Justice Bhattacharya said he would consider whether to release the case for hearing before another bench.
Before deciding on the bench issue, however, the judge sought a police report clarifying which organisations had been granted permission by the PWD to set up book stalls at the venue. The matter is scheduled to be heard again on Thursday.
